20 71D 




For the use of 



School District, in the Counly o/f 



Received frotob the Superintendent 
of Schools the .^.....y. day of 



. Clerk. 

This book is the property of the State, and School 
Trustees must preserve it with care, and when their 
terms expire return the same immediately to the Clerk 
of the Board. 



Read carefully the Preface to the Law and 
Section 88, Page 47. 



UNIVERSITY OF CALIFORNIA 

ANDREW 

SMITH 

HALLID1R 




SCHOOL LAW OF VIRGINIA, 



CONSTITUTION OF THE STATE, 



AND THE LAWS GOVERNING STATE AND NATIONAL 
INSTITUTIONS OF LEARNING, 



CODIFIED FOR THE 



INFORMATION AND USE OF SCHOOL OFFICERS, 



BY THE 



Superintendent of Public Instruction. 




RICHMOND: 
PRINTED FOR THE BOARD OF EDUCATION. 

1883. 



v 



PREFACE. 



This revised edition of the School Law has been prepared by the Super- 
intendent of Public Instruction, by order of the State Board of Education, 
for the use and information of school superintendents and district school 
trustees. Whilst the text of the Code of 1873, as amended by subsequent 
legislation, including many entirely new sections, is closely followed, the 
scheme of the compilation has been radically changed, and, I believe, for the 
better. Starting with the Constitution of our State, I have endeavored to 
arrange all the subsequent legislation affecting the public school system, in- 
augurated by that instrument, in logical order without regard to the relative 
position occupied by the sections in the Code and various acts in which they 
are found, every section having its proper reference to the Code or the acts 
from which it has been taken. As this is intended as a means of giving infor- 
mation to the school world, I thought it proper to give succinctly the rules 
governing every institution in the State, supported, either in whole or in 
part, by State annuity, with the steps necessary to be taken to gain admis- 
sion therein. Having experienced great difficulty with the old compilation, 
owing to its multiplying sections by sub-sections, I have discarded all such 
divisions, and have given each section, however unimportant, its proper 
number, running from one on through the book ; and have indexed it by 
subjects, pages, and sections ; so that every section has its number, and 
there can be no confusion in referring to it. 

Beginning with page 123 will be found the Regulations which have been 
adopted from time to time by the Board of Education, by virtue of authority 
vested in it by law. 

This edition of the School Law is prepared merely as a matter of con- 
venience for school officers, and has no authority independent of the acts 
from which it is compiled. 

A sufficient number of copies for the use of boards of school trustees will 
be forwarded to the city and county superintendents, who will be required 
to receipt to the Board of Education for the number of copies supplied ; and 
upon their failure so to do, the value of the books delivered will be deducted 
from their salaries. The superintendent shall deliver to the clerk of each 
board of school trustees in his county three copies, one for each member 
thereof, taking his receipt therefor, which he shall enter upon his record- 
book. The district clerk shall mark the name of his district in large letters 
on each of said copies, and shall deliver one to each member of the board, 
taking his receipt therefor, which he shall duly enter upon the record-book 
of the district ; and the district clerk shall be responsible to the board, or his 
successor in office, for each of said books so delivered, and each member 
shall be responsible to the district clerk for the proper care of the copy de- 
livered to him ; and any trustee whose term shall expire and who shall not 
be re-appointed, or who shall die, resign, or be removed, shall, by represen- 
tative or in person, deliver to said clerk, in good order, the book for which 

R.R.FARR, 

Superintendent of Public Instruction. 



Q Q 



CONTENTS. 



PAH. 

State Constitution, - i 

Of Public Free Schools for the Counties and of the Literary Fund, - 31 

University of Virginia, ---.'.-_-- 72 

Virginia Military Institute, 81 

The Institution for the Deaf and Dumb and the Blind, - 89 

Virginia Agricultural and Mechanical College, - 92 

Hampton Normal and Agricultural Institute, - 97 

Miller Manual Labor School of Albemarle, 101 

Virginia Normal and Collegiate Institute, 105 

United States Military Academy, - - .' > - - - - no 

United States Naval Academy - 113 

Normal College in Nashville, 116 

Of Public Free Schools in the Cities and Towns, 118 

Regulations of the Board of Education, 123 



STATE CONSTITUTION. 



Whereas, the delegates and representatives of the good people of Vir- 
ginia, in convention assembled, on the twenty-ninth day of June, in the year 
of our Lord one thousand seven hundred and seventy-six, reciting and de- 
claring, that whereas George the Third, King of Great Britain and Ireland, 
and elector of Hanover, before that time entrusted with the exercise of the 
kingly office in the government of Virginia, had endeavored to pervert the 
same into a detestable and insupportable tyranny, by putting his negative 
on laws the most wholesome and necessary for the public good ; by denying 
his governors permission to pass laws of immediate and pressing import- 
ance, unless suspended in their operation for his assent, and, when so sus- 
pended, neglecting to attend to them for many years ; by refusing to pass cer- 
tain other laws, unless the persons to be benefited by them would relinquish 
the inalienable right of representation in the legislature ; by dissolving legis- 
lative assemblies repeatedly and continually, for opposing with manly firm- 
ness his invasions of the rights of the people; when dissolved, by refusing 
to call others for a long space of time, thereby leaving the political system 
without any legislative head ; by endeavoring to prevent the population of 
our country, and for that purpose obstructing the laws for naturalization of 
foreigners : by keeping among us, in time of peace, standing armies and 
ships of war; by affecting to render the military independent of and superior 
to the civil power; by combining with others to subject us to a foreign juris- 
diction, giving his assent to their pretended acts of legislation for quartering 
large bodies of armed troops among us ; for cutting off our trade with all 
parts of the world; for imposing taxes on us without our consent; for de- 
priving us of the benefit of the trial by jury ; for transporting us beyond the 
seas for trial for pretended offences ; for suspending our own legislatures, 
and declaring themselves invested with power to legislate for us in all cases 
whatsoever ; by plundering our seas, ravaging our coasts, burning our towns, 
and destroying the lives of our people ; by inciting insurrection of our fellow- 
subjects with the allurements of forfeiture and confiscation ; by prompting 
our negroes to rise in arms amongst us those very negroes whom, by an in- 
human use of his negative, he had refused us permission to exclude by law ; 
by endeavoring to bring on the inhabitants of our frontiers the merciless In- 

2 



2 STATE CONSTITUTION. 

dian savages, whose known rule of warfare is an undistinguished destruc 
tion of all ages, sexes, and conditions of existence ; by transporting hither 
a large army of foreign mercenaries to complete the work of death, desola- 
tion and tyranny, then already begun, with circumstances of cruelty and 
perfidy unworthy the head of a civilized nation ; by answering our repeated 
petitions for redress with a repetition of our injuries; and finally by aban- 
doning the helm of government and declaring us out of his allegiance and 
protection ; by which several acts of misrule, the government of this coun- 
try, as before exercised under the crown of Great Britain, was totally dis- 
solved did, therefore, having maturely considered the premises, and view- 
ing with great concern the deplorable condition to which this once happy 
country would be reduced unless some regular, adequate mode of civil 
policy should be speedily adopted, and in compliance with the recommen- 
dation of the general congress, ordain and declare a form of government 
of Virginia : 

And whereas, a convention, held on the first Monday in October, in the 
year one thousand eight hundred and twenty-nine, did propose to the people 
of this commonwealth an amended constitution, or form of government, 
which was ratified by them. 

And whereas, the general assembly of Virginia, by an act passed on the 
fourth of March, in the year one thousand eight hundred and fifty, did pro- 
vide for the election, by the people, of delegates to meet in general con- 
vention, to consider, discuss, and propose a new constitution, or alterations 
and amendments to the existing constitution of this commonwealth ; and 
by an act passed on the thirteenth of March, in the year one thousand eight 
hundred and fifty-one, did further provide for submitting the same to the 
people for ratification or rejection ; and the same having been submitted 
accordingly, was ratified by them : 

And whereas, the general assembly of Virginia, by an act passed on the 
twenty-first day of December, in the year one thousand eight hundred and 
sixty-three, did provide for the election, by the people, of delegates to meet 
in general convention, to consider, discuss, and adopt alterations and 
amendments to the existing constitution of this commonwealth, the dele- 
gates so assembled did, therefore, having maturely considered the premises, 
adopt a revised and amended constitution as the form of government of 
Virginia : 

And whereas, the congress of the United States did, by an act passed on 
the second day of March, in the year one thousand eight hundred and 
sixty-seven, and entitled "an act to provide for the more efficient govern- 



STATE CONSTITUTION. 3 

ment of the rebel states," and by acts supplementary thereto, passed on the 
twenty-third day of March, and the nineteenth day of July, in the year one 
thousand eight hundred and sixty-seven, provide for the election, by the 
people of Virginia, qualified to vote under the provisions of said acts, of 
delegates to meet in convention, to frame a constitution or form of govern- 
ment for Virginia, in conformity with said acts ; and by the same acts did 
further provide for the submitting of such constitution to the qualified 
voters for ratification or rejection: 

We, therefore, the delegates of the good people of Virginia, elected, and 
in convention assembled, in pursuance of said acts, invoking the favor and 
guidance of Almighty God, do propose to the people the following constitu- 
tion and form of government for this commonwealth : 

ARTICLE I. 

BILL OF RIGHTS. 

A declaration of rights, made by the representatives of the good people of 
Virginia, assembled in full and free convention; which rights do pertain 
to them and their posterity, as the basis and foundation of government. 

1. That all men are by nature equally free and independent, and have 
certain inherent rights, of which, when they enter into a state of society, 
they cannot, by any compact, deprive or divest their posterity, namely, 
the enjoyment of life and liberty, with the means of acquiring and pos- 
sessing property, and pursuing and obtaining happiness and safety. 

2. That this state shall ever remain a member of the United States of 
America, and that the people thereof are a part of the American Nation, and 
that all attempts, from whatever source or upon whatever pretext, to dis- 
solve said union or to sever said nation, are unauthorized and ought to be 
resisted with the whole power of the state. 

3. That the constitution of the United States, and the laws of Congress 
passed in pursuance thereof, constitute the supreme law of the land, to 
which paramount allegiance and obedience are due from every citizen, 
anything in the constitution, ordinances or laws of any state to the con- 
trary notwithstanding. 

4. That all power is>ested in, and consequently derived from, the peo- 
ple; that magistrates are their trustees and servants, and at all times 
amenable to them. 

5. That government is, or ought to be, instituted for the common benefit, 
protection and security of the people, nation or community; of all the 



4 STATE CONSTITUTION. 

various modes and forms of government, that is best which is capable of 
producing the greatest degree of happiness and safety, and is most effect- 
ually secured against the danger of maladministration ; and that when any 
government shall be found inadequate or contrary to these purposes, a 
majority of the community hath an indubitable, inalienable, and indefeasi- 
ble right to reform, alter or abolish it, in such manner as shall be judged 
most conducive to the public weal. 

6. That no man, or set of men, are entitled to exclusive or separate emol- 
uments or privileges from the community but in consideration of public 
services; which, not being descendible, neither ought the offices of magis- 
trate, legislator, or judge to be hereditary. 

7. That the legislative, executive, and judicial powers should be separate 
and distinct ; and that the members thereof may be restrained from oppres- 
sion, by feeling and participating the burthens of the people, they should, 
at fixed periods, be reduced to a private station, return into that body from 
which they were originally taken, and the vacancies be supplied by fre- 
quent, certain and regular elections, in which all or any part of the former 
members to be again eligible or ineligible, as the laws shall direct. 

8. That all elections ought to be free, and that all men having sufficient 
evidence of permanent common interest with, and attachment to the com- 
munity, have the right of suffrage, and cannot be taxed or deprived of their 
property for public uses, without their own consent, or that of their repre- 
sentatives so elected, nor bound by any law to which they have not in like 
manner assented, for the public good. 

9. That all power of suspending laws, or the execution of laws by any 
authority, without consent of the representatives of the people, is injurious 
to their rights and ought not to be exercised. 

10. That in all capital or criminal prosecutions, a man hath a right to 
demand the cause and nature of his accusation, to be confronted with the 
accusers and witnesses, to call for evidence in his favor, and to a speedy 
trial by an impartial jury of his vicinage, without whose unanimons consent 
he cannot be found guilty ; nor can he be compelled to give evidence 
against himself; that no man be deprived of his liberty, except by the law 
of the land or the judgment of his peers. 

11. That excessive bail ought not to be required, nor excessive fines im- 
posed, nor cruel and unusual punishment inflicted. 

12. That general warrants, whereby an officer or messenger may be com- 
manded to search suspected places without evidence of a fact committed, 
or to seize any person or persons not named, or whose offence is not par- 



STATE CONSTITUTION. 5 

ticularly described and supported by evidence, are grievous and oppressive, 
and ought not to be granted. 

13. That in controversies respecting property, and in suits between man 
and man, the trial by jury is preferable to any other, and ought to be held 
sacred 

14. That the freedom of the press is one of the great bulwarks of liberty, 
and can never be restrained but by despotic governments, and any citizen 
may speak, write and publish his sentiments on all subjects, being responsi- 
ble for the abuse of that liberty. 

15. That a well-regulated militia, composed of the body of the people 
trained to arms, is the proper, natural, and safe defence of a free state; that 
standing armies, in time of peace, should be avoided as dangerous to liberty, 
and that in all cases the military should be under strict subordination to, 
and governed by, the civil power. 

16. That the people have a right to uniform government; and, therefore, 
that no government separate from, or independent of, the government of 
Virginia ought to be erected or established within the limits thereof. 

17. That no free government, or the blessings of liberty, can be preserved 
to any people but by a firm adherence to justice, moderation, temperance, 
and virtue, and by a frequent recurrence to fundamental principles. 

18. That religion, or the duty which we owe to our Creator, and the man- 
ner of discharging it, can be directed only by reason and conviction, not by 
force or violence ; and, therefore, all men are equally entitle to the free ex- 
ercise of religion according to the dictates of conscience; and that it is the 
mutual duty of all to practise Christian forbearance, love, and charity 
towards each other. 

19. That neither slavery nor involuntary servitude, except as lawful im- 
prisonment may constitute such, shall exist within this state. 

20. That all citizens of the state are hereby declared to possess equal civil 
and political rights and public privileges. 

21. The rights enumerated in this bill of rights shall not be construed to 
limit other rights of the people not therein expressed. 

The declaration of the political rights and privileges of the inhabitants 
of this state is hereby declared to be a part of the constitution of this 
commonwealth, and shall not be violated on any pretence whatever. 

ARTICLE II. 

DIVISION OF POWERS. 

The legislative, executive, and judiciary departments shall be separate 



b . STATE CONSTITUTION. 

and distinct, so that neither exercise the powers properly belonging to 
either of the others ; nor shall any person exercise the power of more than 
one of them at the same time, except as hereinafter provided. 

ARTICLE III. 

ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE. 

SEC. i Every male citizen of the United States, twenty-one years old, 
who shall have been a resident of the state twelve months, and of the 
county, city, or town in which he shall offer to vote, three months next 
preceding any election, shall be entitled to vote for members of the general 
assembly, and all officers elected by the people : provided that no officer, 
soldier, seaman, or marine of the United States army or navy, shall be con- 
sidered a resident of this state by reason of being stationed therein: and 
provided, also, that the following persons shall be excluded from voting: 

First. Idiots and lunatics. 

Second. Persons convicted of bribery in any election, embezzlement of 
public funds, treason, felony, or petit larceny. 

Third. No person who, while a citizen of this state, has since the adoption 
of this constitution, fought a duel with a deadly weapon, sent or accepted a 
challenge to fight a duel with a deadly weapon, either within or beyond the 
boundaries of this state, or knowingly conveyed a challenge, or aided or 
assisted in any manner in fighting a duel, shall be allowed to vote or hold 
any office of honor, profit or trust, under this constitution. 

SEC. 2. All elections shall be by ballot, and all persons |entitled to vote 
shall be eligible to any office within the gift of the people, except as re- 
stricted in this constitution. 

SEC. 3. All persons entitled to vote and hold office, and none others, shall 
be eligible to sit as jurors. 

SEC. 4.* No voter, during the time of holding any election at which he is 
entitled to vote, shall be compelled to perform military service, except in 
time of war or public danger, to work upon public roads, or to attend any 
court as suitor, juror or witness; and no voter shall be subject to arrest, 
under any civil process, during his attendance at elections, or in going to or 
returning from them. 

Oath of Office. 

SEC, 5.* All persons, before entering upon the discharge of any function 



* Change of the numbers of sections 5 and 6 to 4 and 5 rendered necessary by the striking out of 
section 4, Article III. 



STATE CONSTITUTION. *f 

as officers of this state, must take and subscribe the following oath or affirm- 
ation : 

"/, , do solemnly swear (or affirm), that I will support and 

maintain the constitution and laws of the United States, and the constitution 
and laws of the state of Virginia ; that I recognize and accept the civil and 
Political equality of all men before the law, and that I will faithfully per- 
form the duty of to the best of my ability : So help me God" 

[The Schedule embraced in amendments to this article, ratified on the 
7th of November, 1876, is in these words : 

SCHEDULE. 

2. That all elections held subsequent to the ratification of these amend- 
ments by the people before the adjournment of the next regular session of 
the legislature, held after such ratification, shall be had and conducted 
under and in accordance with the election laws and registration laws which 
may be in force at the time of such ratification, unless the same shall have 
been sooner amended or repealed by the general assembly.] 

ARTICLE IV. 

EXECUTIVE DEPARTMENT. 

Governor. 

SEC. i. The chief executive power of this commonwealth shall be vested 
in a governor. He shall hold office for a term of four years, to commence 
on the first day of January next succeeding his election, and be ineligible to 
the same office for the term next succeeding that for which he was elected, 
and to any other office during his term of service. 

SEC. 2. The governor shall be elected by the voters at the times and 
places of choosing members of the general assembly. Returns of elections 
shall be transmitted, under seal, by the proper officers, to the secretary of 
the commonwealth, who shall deliver them to the Speaker of the House of 
Delegates on the first day of the next session of the general assembly. 
The Speaker of the House of Delegates shall, within one week thereafter, 
in presence of a majority of the Senate and House of Delegates, open the 
said returns, and the votes shall then be counted. The person having the 
highest number of votes shall be declared elected ; but if two or more shall 
have the highest and an equal number of votes, one of them shall be chosen 
governor by the joint vote of the two houses of the general assembly. 



8 STATE CONSTITUTION. 

Contested elections for governor shall be decided by a like vote, and the 
mode of proceeding in such cases shall be prescribed by law. 

SEC. 3. No person except a citizen of the United States shall be eligible 
to the office of governor ; and if such person be of foreign birth, he must 
have been a citizen of the United States for ten years next preceding his 
election; nor shall any person be eligible to that office unless he shall have 
attained the age of thirty years, and have been a resident of this state for 
three years next preceding his election. 

SEC. 4. The governor shall reside at the seat of government; shall receive 
five thousand dollars for each year of his service, and while in office shall 
receive no other emolument from this or any other government. 

SEC. 5. He shall take care that the laws be faithfully executed ; commu- 
nicate to the general assembly at every session the condition of the com- 
monwealth; recommend to their consideration such measures as he may 
deem expedient, and convene the general assembly, on application of two- 
thirds of the members of both houses thereof, or when, in his opinion, the 
interest of the commonwealth may require it. He shall be commander-in- 
chief of the land and naval forces of the state ; have power to embody the 
militia to repel invasion, suppress insurrection, and enforce the execution 
of the laws ; conduct, either in person or in such manner as shall be pre- 
scribed by law, all intercourse with other and foreign states ; and during the 
recess of the general assembly, to fill, pro tempore, all vacancies in those 
offices for which the constitution and laws make no provision ; but his ap- 
pointments to such vacancies shall be by commissions, to expire at the end 
of thirty days after the commencement of the next session of the general 
assembly. He shall have power to remit fines and penalties in such cases 
and under such rules and regulations as may be prescribed by law, and 
except when the prosecution has been carried on by the House of Dele 
gates ; to grant reprieves and pardons after conviction ; to remove political 
disabilities consequent upon conviction for offences committed prior or 
subsequent to the adoption of this constitution and to commute capital 
punishment; but he shall communicate to the general assembly, at each 
session, particulars of every case of fine or penalty remitted, of reprieve or 
pardon granted, and of punishment commuted, with his reasons for remit- 
ting, granting, or commuting the same. 

SEC. 6. He may require information in writing from the officers in the 
executive department upon any subject relating to the duties of their re- 
spective offices ; and may also require the opinion, in writing, of the attor- 
ney-general upon any question of law connected with his duties. 



STATE CONSTITUTION. 9 

SEC. 7. Commissions and grants shall run in the name of the common- 
wealth of Virginia, and be attested by the governor, with the seal of the 
commonwealth annexed. 

SEC. 8. Every bill which shall have passed the Senate and House of Del- 
egates, and every resolution requiring the assent of both branches of the 
general assembly, shall, before it becomes a law, be presented to the gov- 
ernor; if he approves, he shall sign it; but if not, he shall return it with his 
objections, to the house in which it shall have originated, who shall enter 
the objections at large on their journal and proceed to reconsider it. If, 
after such consideration, two-thirds of the members present shall agree to 
pass the bill or joint resolution, it shall be sent, together with the objections, 
to the other house, by which it shall likewise be reconsidered, and, if 
approved by two-thirds of the members present, it shall become a law, 
notwithstanding the objections of the governor. But in all such cases the 
votes of both houses shall be determined by ayes and noes, and the names 
of the members voting for and against the bill or joint resolution shall be 
entered on the journal of each house respectively. If any bill or resolution 
shall not be returned by the governor within five days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law in like 
manner as if he had signed it, unless the legislature shall, by their adjourn- 
ment, prevent its return, in which case it shall not be a law. 

Lieutenant- Governor. 

SEC. 9. A lieutenant-governor shall be elected at the same time and for 
the same term as the governor, and his qualification and the manner of his 
election, in all respects, shall be the same. 

SEC. 10. In case of the removal of the governor from office, or of his 
death, failure to qualify, resignation, removal from the state, or inability to 
discharge the powers and duties of the office, the said office with its com- 
pensation, shall devolve upon the lieutenant-governor; and the general 
assembly shall provide by law for the discharge of the executive functions 
in other necessary cases. 

SEC. ii. The lieutenant-governor shall be President of the Senate, 
but shall have no vote except in case of an equal division; and while acting 
as such, shall receive a compensation equal to that allowed to the Speaker 
of the House of Delegates. 

Secretary of the Commonwealth, Treasurer, and Auditor 

SEC. 12. A secretary of the commonwealth, treasurer, and auditor of 
public accounts, shall be elected by the joint vote of the two houses of the 



10 STATE CONSTITUTION. 

general assembly, and continue in office for the term of two years, unless 
sooner relieved. The salary of each shall be determined by law. 

SEC. 13. The secretary shall keep a record of the official acts of the gov- 
ernor, which shall be signed by the governor and attested by the secretary ; 
and when required, he shall lay the same, and any papers, minutes and 
vouchers pertaining to his office, before either house of the general assem- 
bly; and shall perform such other duties as may be prescribed by law. All 
fees received by the secretary shall be paid into the treasury. 

SEC. 14. The powers and duties of the treasurer and auditor shall be such 
as are now or may hereafter be prescribed by law. 

SEC. 15. There may be established in the office of the secretary of state, 
a bureau of statistics and a bureau of agriculture, chemistry and geology, 
under such regulations as may be prescribed by law. 

SEC. 16. The general assembly shall have power to establish a bureau of 
agriculture and immigration, under such regulations as may be prescribed. 

Board of Public Works. 

SEC. 17. There shall be a board of public works, to consist of the gov- 
ernor, auditor, and treasurer of the commonwealth, under such regulations 
as may be prescribed by law. 

ARTICLE V. 

LEGISLATIVE DEPARTMENT. 

SEC. i. The legislative power of this commonwealth shall be vested in a 
general assembly, which shall consist of a Senate and House of Delegates. 

SEC. 2. The House of Delegates shall be elected biennially by the voters 
of the several cities and counties, on the Tuesday succeeding the first Mon- 
day in November, and shall, from and after the Tuesday succeeding the first 
Monday in November, eighteen hundred and seventy-nine, consist of not 
more than one hundred and not less than ninety members. 

SEC. 3. From and after the same date, the Senate shall consist of not less 
than thirty-three nor more than forty members. They shall be elected for 
the term of four years for the election of whom the counties, cities and 
towns shall be divided into districts. Each county, city and town of the re- 
spective districts shall, at the time of the first election of its delegate or 
delegates under this amendment, vote for one or more senators. The sen- 
ators first elected under this amendment, in districts bearing odd numbers, 
shall vacate their offices at the end of two years ; and those elected in dis- 
tricts bearing even numbers, at the end of four years ; and vacancies occurring 



STATE CONSTITUTION. 11 

by expiration of term shall be filled by the election of senators for the full 
term. 

SEC. 4. An apportionment of senators and members of the House of Del- 
egates shall be made at the regular session of the general assembly next 
preceding the Tuesday after the first Monday in November, eighteen hun- 
dred and seventy-nine or sooner. A reapportionment shall be made in the 
year eighteen hundred and ninety-one, and every tenth year thereafter. 

Qualification of senators and delegates. 

SEC. 5. Any person may be elected senator who, at the time of election, 
is actually a resident within the district, and qualified to vote for members, 
of the general assembly according to this constitution ; and any person may 
be elected a member of the House of Delegates who, at the time of elec- 
tion is actually a resident within the county, city, town, or election district, 
qualified to vote for members of the general assembly according to this 
constitution. But no person holding a salaried office under the state gov- 
ernment shall be capable of being elected a member of either house of the 
general assembly. The removal of any person elected to either branch of 
the general assembly, from the city, county, town, or district for which he 
was elected, shall vacate his office. 

Powers and duties of the general assembly. 

SEC. 6. The general assembly shall meet once in two years, and not 
oftener, unless convened by the governor, in the manner prescribed in this 
constitution. No session of the general assembly, after the first under this 
amendment, shall continue longer than ninety days, without the concur- 
rence of three-fifths of the members elected to each house ; in which case 
the session may be extended for a further period, not exceeding thirty 
days. Neither house, during the session of the general assembly, shall, 
without the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. A ma- 
jority of the members elected to each house shall constitute a quorum to 
do business; but a smaller number may adjourn from day to day, and shall 
have power to compel the attendance of absent members in such manner 
and under such penalty as each house may prescribe. 

SEC. 7. The House of Delegate shall choose its own Speaker; and in the 
absence of the lieutenant-governor, or when he shall exercise the office of 
governor, the Senate shall choose from their own body a president pro 
tempore; and each house shall appoint its own officers, settle its own rules 



12 STATE CONSTITUTION. 

of proceeding, and direct writs of election for supplying intermediate vacan- 
cies, but if vacancies shall occur during the recess of the general assembly, 
such writs may be issued by the governor, under such regulations as may 
be prescribed by law. Each house shall judge of the election, qualification 
and returns of its members ; may punish them for disorderly behavior, and, 
with the concurrence of two-thirds, expel a member. 

SEC. 8. The members of the general assembly shall receive for their 
services a salary, to be ascertained by law, and paid out of the public 
treasury; but no act increasing such salary shall take effect until after the 
end of the term for which the members of the House of Delegates voting 
thereon were elected; and no senator or delegate, during the term for 
which he shall have been elected, shall be appointed to any civil office of 
profit under the commonwealth which has been created, or the emoluments 
of which have been increased during such term, except offices filled by elec- 
tion by the people. 

SEC. 9. Bills and resolutions may originate in either of the two houses of 
the general assembly, to be approved or rejected by either, and may be 
amended by either house, with the consent of the other. 

SEC. 10. Each house of the general assembly shall keep a journal of its 
proceedings, which shall be published from time to time; and the yeas and 
nays of the members of either house, on any question, shall, at the desire of 
one-fifth of those present, be entered on the journal. No bill shall become 
a law until it has been read on three different days of the session in the 
house in which it originated, unless two-thirds of the members in that house 
shall otherwise determine. 

SEC. ii. The members of the general assembly shall, in all cases except 
treason, felony, or breach of the peace, be privileged from arrest during the 
sessions of their respective houses ; and for any speech or debate in either 
house they shall not be questioned in any other place They shall not be 
subject to arrest, under any civil process, during the sessions of the general 
assembly, nor for fifteen days next before the convening and after the ter- 
mination of each session. 

SEC. 12. The whole number of members to which the state may at any 
time be entitled in the House of Representatives of the United States, shall 
be apportioned as nearly as may be, amongst the several counties, cities 
and towns of the state, according to their population. 

SEC. 13. In the apportionment, the state shall be divided into districts, 
corresponding in number with the representatives to which it may be entitled 
in the House of Representatives of the congress of the United States, which 



STATE CONSTITUTION. . 13 

shall be formed respectively, of contiguous counties, cities and towns; be 
compact, and include, as nearly as may be, an equal number of population. 

Sec. 14. The privilege of the writ of habeas corpus shall not be suspended, 
unless when, in cases of invasion or rebellion, the public safety may require 
it. The general assembly shall not pass any bill of attainder, or any ex post 
facto law, or any law impairing the obligation of contracts, or any law 
whereby private property shall be taken for public uses without just com- 
pensation, or any law abridging the freedom of speech or of the press. No 
man shall be compelled to frequent or support any religious worship, place 
or ministry whatsoever, nor shall any man be enforced, restrained, molested 
or burthened in his body or goods, or otherwise suffer, on account of his 
religious opinions or belief, but all men shall be free to profess, and by argu- 
ment to maintain, their opinion in matters of religion, and the same shall in 
nowise affect, diminish or enlarge their civil capacities. And the general 
assembly shall not prescribe any religious test whatever, or confer any 
peculiar privileges or advantages on any sect or denomination, or pass any 
law requiring or authorizing any religious society, or the people of any 
district within this commonwealth, to levy on themselves or others any tax 
for the erection or repair of any house of public worship, or for the support 
of any church or ministry, but it shall be left free to every person to select 
his religious instructor, and to make for his support such private contract 
as he shall please. 

SEC. 15. No law shall embrace more than one object, which shall be ex- 
pressed in its title, nor shall any law be revived or amended with reference 
to its title, but the act revived, or the section amended, shall be re-enacted 
and published at length. 

SEC. 16. The governor, lieutenant-governor, judges and all others offend- 
ing against the state, by maladministration, corruption, neglect of duty, or 
other high crime or misdemeanor, shall be impeachable by the House of 
Delegates, and be prosecuted before the Senate, which shall have the sole 
power to try impeachment. When sitting for that purpose, they shall 
be on oath or affirmation, and no person shall be convicted without the 
concurrence of two-thirds of the members present. Judgment, in case of 
impeachment, shall not extend further than to removal from office, and 
disqualification to hold and enjoy any office of honor, trust or profit under 
the commonwealth ; but the party convicted shall, nevertheless, be subject 
to indictment, trial, judgment, and punishment according to law. The 



14 STATE CONSTITUTION. 

Senate may sit during the recess of the general assembly for the trial of 
impeachment. 

SEC. 17. The general assembly shall not grant a charter of incorporation 
to any church or religious denomination, but may secure the title to church 
property to an extent to be limited by law- 

SEC. 18. No lottery shall hereafter be authorized by law; and the buying, 
selling or transferring of tickets or chances in any lottery, shall be pro- 
hibited. 

SEC. 19. No new county shall be formed with an area of less than six 
hundred square miles; nor shall the county or counties from which it is 
formed be reduced below that area; nor shall any county having a popula- 
tion less than ten thousand, be deprived of more than one-fifth of such pop- 
ulation; nor shall, a county having a larger population, be reduced below 
eight thousand But any county, the length of which is three times its mean 
breadth, or which exceeds fifty miles in length, may be divided at the discre- 
tion of the general assembly In all general elections, the voters in any 
county, not entitled to separate representation, shall vote in the same 
election district. 

SEC. 20. The general assembly shall confer on the courts the power to 
grant divorces, change the names of persons, and direct the sale of estates 
belonging to infants and other persons under legal disabilities, but shall not, 
by special legislation, grant relief in such cases, or in any other case of 
which the courts or other tribunals may have jurisdiction. 

SEC. 21. The general assembly shall provide for the annual registration 
of births, marriages, and deaths. 

SEC. 22. The manner of conducting and making returns of elections, of 
determining contested elections, and of filling vacancies in office, in cases 
not specially provided for by this constitution, shall be prescribed by law ; 
and the general assembly may declare the cases in which any office shall be 
deemed vacant, where no provision is made for that purpose in this 
constitution. 

SEC. 23. The legislature shall have power to provide for the government 
of cities and towns, and to establish such courts therein as may be necessary 
for the administration of justice. 

SEC. 24. The general assembly shall have power, by a two-thirds vote, to 
remove disabilities incurred under clause third, section one, article third, of 
this constitution, with reference to duelling. 

NOTE. For Schedule in act for submission to the people of amendments to this article, vide Acts 
1875-6, page 92. 



STATE CONSTITUTION. 15 

ARTICLE VI. 

JUDICIARY DEPARTMENT. 

SEC. i. There shall be a supreme court of appeals, circuit courts, and 
county courts. The jurisdiction of these tribunals, and the judges thereof, 
except so far as the same is conferred by this constitution, shall be regulated 
by law. 

SEC. 2. The supreme court of appeals shall consist of five judges, any 
three of whom may hold a court. It shall have appellate jurisdiction only, 
except in cases of habeas corpus, mandamus, and prohibition. It shall not 
have jurisdiction in civil cases where the matter in controversy, exclusive of 
costs, is less in value or amount than five hundred dollars, except in contro- 
versies concerning the title or boundaries of land, the probate of a will, the 
appointment or qualification of a personal representative, guardian, com- 
mittee, or curator; or concerning a mill, roadway, ferry, or landing; or the 
right of a corporation or of a county to levy tolls or taxes, and except in 
cases of habeas corpus, mandamus, and prohibition, or the constitutionality 
of a law: provided that the assent of a majority of the judges elected to 
the court shall be required, in order to declare any law null and void by 
reason of its repugnance to the federal constitution, or to the constitution of 
this state. 

SEC. 3. Special courts of appeals, to consist of not less than three nor 
more than five judges, may be formed of the judges of the supreme court 
of appeals and of the circuit courts, or any of them, to try any cases on the 
docket of said court, in respect to which a majority of the judges thereof 
may be so situated as to make it improper for them to sit on the hearing o f 
the same; and also to try any cases on the said docket which cannot be 
otherwise disposed of with convenient dispatch. 

SEC. 4. When a judgment or decree is reversed or affirmed by the su- 
preme court of appeals, the reasons therefor shall be stated in writing and 
preserved with the records of the case. 

SEC. 5. The judges shall be chosen by the joint vote of the two houses of 
the general assembly, and shall hold their office for a term of twelve years ; 
they shall, when chosen, have held a judicial station in the United States, or 
shall have practiced law in this or some other state for five years. 

SEC. 6. The officers of the supreme court of appeals shall be appointed 
by the said court, or by the judges thereof in vacation. Their duties, com- 
pensation, and tenure of office shall be prescribed by law. 



16 STATE CONSTITUTION. 

SEC. 7. The supreme court of appeals shall hold its sessions at two or 
more places in the state, to be fixed by law. 

SEC. 8. At every election of a governor, an attorney-general shall be 
elected by the qualified voters of this commonwealth. He shall be com- 
missioned by the governor, perform such duties and receive such compen- 
sation as may be prescribed by law, and shall be removable in the manner 
prescribed for the removal of judges. 

Circuit Courts. 

SEC. 9. The state shall be divided into sixteen judicial circuits, as follows : 

1. The counties of Norfolk, Princess Anne, Nansemond, Isle of Wight, 
Southampton, Surry, and the city of Norfolk shall constitute the first circuit. 

2. The counties of Sussex, Greensville, Brunswick, Prince George, Din- 
widdie, Nottoway, Chesterfield, and the city of Petersburg shall constitute 
the second circuit. 

3. The counties of Mecklenburg, Lunenburg, Charlotte, Amelia, Powha- 
tan, Prince Edward, Buckingham, and Cumberland shall constitute the 
third circuit. 

4. The counties of Halifax, Pittsylvania, Henry, Patrick, Franklin, and 
the town of Danville shall constitute the fourth circuit. 

5. The counties of Bedford, Campbell, Appomattox, Amherst, Nelson, 
and the city of Lynchburg shall constitute the fifth circuit. 

6. The counties of Albemarle, Fluvanna, Culpeper, Goochland, Madison, 
Greene, and Orange shall constitute the sixth circuit. 

7. The county of Henrico and the city of Richmond shall constitute the 
seventh circuit. 

8. The counties of Accomac, Northampton, York, Elizabeth City, War- 
wick, James City, New Kent, Charles City, and the city of Williamsburg 
shall constitute the eighth circuit. 

9. The counties of Lancaster, Northumberland, Mathews, Middlesex, 
Gloucester, King William, Essex, and King and Queen shall constitute the 
ninth circuit. 

10. The counties of Westmoreland, Spotsylvania, Caroline, Hanover, 
Stafford, King George, Richmond and Louisa shall constitute the tenth 
circuit. 

11. The counties of Loudoun, Fauquier, Fairfax, Prince William, Rappa- 
hannock, and Alexandria shall constitute the eleventh circuit. 

12. The counties of Frederick, Clarke, Warren, Page, Shenandoah, and 
Rockingham shall constitute the twelfth circuit. 



STATE CONSTITUTION. If 

13. The counties of Augusta, Rockbridge, Bath, Highland, and Alleghany 
shall constitute the thirteenth circuit. 

14. The counties of Botetourt, Roanoke, Montgomery, Floyd, Giles, and 
Craig shall constitute the fourteenth circuit. 

15. The counties of Carroll, Grayson, Wythe, Pulaski, Bland, and Tazewell 
shall constitute the fifteenth circuit. 

16. The counties of Smyth, Washington, Lee, Scott, Wise, Russell,. 
Buchanan, and Dickenson shall constitute the sixteenth circuit. 

SEC. 10. The general assembly may rearrange said circuits or any of 
them, and increase or diminish the number thereof, when the public inter- 
ests shall require it. 

SEC. ii. For each circuit a judge shall be chosen by the joint vote of the 
two houses of the general assembly, who shall hold his office for a term of 
eight years, unless sooner removed in the manner prescribed by this con- 
stitution. He shall, when chosen, possess the same qualifications of judges 
of the supreme court of appeals ; and during his continuance in office shall 
reside in the circuit of which he is judge. 

SEC. 12. A circuit court shall be held, at least twice a year by the judges 
of each circuit, in every county and corporation thereof wherein a circuit 
court now is or may hereafter be established. But the judges may be 
required or authorized to hold the courts of their respective circuits alter- 
nately, and the judge of one circuit to hold court in any other circuit. 

County Courts. 

SEC. 13. In each county of this commonwealth there shall be a court 
called the county court, which shall be held monthly by a judge learned in 
the law of the state, and to be known as the county court judge : provided 
that counties containing less than eight thousand inhabitants shall be 
attached to adjoining counties for the formation of districts for county 
judges. County court judges shall be chosen in the same manner as judges 
of the circuit courts. They shall hold their office for a term of six years, 
except the first term under this constitution, which shall be three years, and 
during their continuance in office they shall reside in their respective counties 
or districts. The jurisdiction of said courts shall be the same as that of the 
existing county courts, except so far as it is modified by this constitution, or 
may be changed by law. 

Government of Cities and Towns. 

SEC. 14. For each city or town in the state containing a population of five 
4 



18 STATE CONSTITUTION. 

thousand, shall be elected, on the joint vote of the two houses of the gen- 
eral assembly, one city judge, who shall hold a corporation or hustings 
court of said city or town, as often, and as many days in each month, as may 
be prescribed by law, with similar jurisdiction, which may be given by law, 
to the circuit courts of this state, and who shall hold his office for a term of 
six years : provided that in cities or towns containing thirty thousand inhab- 
itants there may be elected an additional judge, to hold courts of probate 
and record, separate and apart from the corporation or hustings courts, and 
perform such other duties as shall be prescribed by law. 

SEC. 15. Also the following enumerated officers, who shall be elected by 
the qualified voters of said cities or towns : One clerk of the corporation or 
hustings court, who shall also be the clerk of the circuit court, except in 
cities or towns containing a population of thirty thousand or more ; in which 
city or town there may be a separate clerk for the circuit court, who shall 
hold his office for a term of six years. 

SEC. 16. One commonwealth's attorney, who shall be the commonwealth's 
attorney for the circuit court, and shall hold his office for a term of two 
years. 

SEC. 17. One city sergeant, who shall hold his office for a term of two 
years. 

SEC. 18. One city or town treasurer, whose duties shall be similar to those 
of county treasurer, and shall hold his office for a term of three years. 

SEC. 19. One commissioner of the revenue. 

SEC. 20. There shall be chosen by the electors of every city, a mayor, 
who shall be the chief executive officer thereof, and who shall see that the 
-duties of the various city officers are faithfully performed. He shall have 
power to investigate their acts, have access to all books and documents in 
their offices, and may examine them and their subordinates on oath. The 
evidence given by persons so examined, shall not be used against them in 
any criminal proceedings. He shall also have power to suspend or remove 
such officers, whether they be elected or appointed, for misconduct in office 
or neglect of duty, to be specified in the order of suspension or removal ; 
but no such removal shall be made without reasonable notice to the officer 
complained of, and an opportunity afforded him to be heard in his defence. 
All city, town, and village officers, whose election or appointment is not 
provided for by this constitution, shall be elected by the electors of such 
cities, towns, and villages, or of some division thereof, or appointed by such 
authorities thereof as the general assembly shall designate. All other offi- 
cers whose election or appointment is not provided for by this constitution 



STATE CONSTITUTION. 19 

and all officers whose offices may be hereafter created by law, shall be 
elected by the people, or appointed, as the general assembly may direct. 
Members of common councils shall hold no other office in cities, and no 
city officer shall hold a seat in the general assembly. The general assem- 
bly, at its first session after the adoption of this constitution, shall pass such 
laws as may be necessary to give effect to the provisions of this article. 
General laws shall be passed for the organization and government of cities, 
and no special act shall be passed, except in cases where, in the judgment 
of the general assembly, the object of such act cannot be attained by gen- 
eral laws. Nothing in this article shall affect the power of the general 
assembly over quarantine, or in regard to the port of Norfolk, or the interest 
of the state in the lands under water and within the jurisdiction or boun- 
daries of any city, or to regulate the wharves, piers, or slips in any city. 
All laws or city ordinances in conflict with the provisions of the preceding 
sections, shall be void from and after the adoption of this constitution. 

SEC. 22. All regular elections for city or town officers, under this article, 
shall be held on the fourth Thursday in May, and the officers elect shall 
enter upon their duties on the first day of July succeeding. 

General Provisions. 

SEC. 22. All the judges shall be commissioned by the governor, and shall 
receive such salaries and allowances as may be determined by law, the 
amount of which shall not be diminished during their term of office. Their 
terms of office shall commence on the first day of January next following 
their appointment; and they shall discharge the duties of their respective 
offices from their first appointment and qualification under this constitution 
until their terms begin. 

SEC. 23. Judges may be removed from office by a concurrent vote of both 
houses of the general assembly, but a majority of all the members elected 
to each house must concur in such vote, and the cause of removal shall be 
entered on the Journal of each house. The judge upon whom the general 
assembly may be about to proceed, shall have notice thereof, accompanied 
by a copy of the causes alleged for his removal, at least twenty days before 
the day on which either house of the general assembly shall act thereon. 

SEC. 24. Judges of the supreme court of appeals, and judges of the 
circuit courts, shall not hold any other office of public trust during their 
continuance in office. 

SEC. 25. Judges, and all other officers elected or appointed, shall continue 
to discharge the duties of their offices after their terms of service have 
expired, until their successors have qualified. 



20 STATE CONSTITUTION. 

SEC. 26. Writs shall run "in the name of the commonwealth of Virginia," 
and be attested by the clerks of the several courts. Indictment shall con- 
clude "against the peace and dignity of the commonwealth." 

ARTICLE VII. 

COUNTY ORGANIZATION. 

SEC. i. There shall be elected by the qualified voters of the county, one 
sheriff, one attorney for the commonwealth, who shall also be the common- 
wealth's attorney for the circuit court; one county clerk, who shall also be 
the clerk of the circuit court, except that in counties containing fifteen 
thousand inhabitants, there may be a separate clerk for the circuit court; 
one county treasurer, and so many commissioners of the revenue as may 
be provided by law ; and there shall be appointed, in a manner to be pro- 
vided by law, one superintendent of the poor, and one county surveyor; 
and there shall also be appointed, in the manner provided for in article 
eight, one superintendent of schools. All regular elections for county offi- 
cers shall be held on the fourth Thursday in May ; and all officers elected 
or appointed, under this provision, shall enter upon the duties of their 
offices on the first day of July next succeeding their election, and shall hold 
their respective offices for the term of four years, except that county and 
circuit court clerks shall hold offices for six years. 

SEC. 2. Each county of the state shall be divided into so many compactly 
located magisterial districts as may be deemed necessary, not less than 
three : provided, that after these have been formed no additional districts 
shall be made containing less than thirty square miles; each magisterial 

district shall be known as magisterial district of county. In 

each district there shall be elected one supervisor, three justices of the 
peace, one constable, and one overseer of the poor, who shall hold their 
respective offices for the term of two years. All regular elections for 
magisterial district officers shall take place on the fourth Thursday in May, 
and all officers so elected shall enter upon the duties of their respective 
offices on the first day of July next succeeding their election. The super- 
visors of the district shall constitute the board of supervisors for that 
county, whose duty it shall be to audit the accounts of the county, examine 
the books of the commissioners of the revenue, regulate and equalize the 
valuation of property, fix the county levies for the ensuing year, and perform 
any other duties required of them by law. 

School Districts. 
SEC. 3. Each magisterial district shall be divided into so many compactly 



STATE CONSTITUTION. 21 

located school districts as may be deemed necessary : provided, that no school 
district shall be formed containing ''less than one hundred inhabitants. In 
each school district there shall be elected or appointed, annually, one school 
trustee, who shall hold his office three years : provided, that at the first 
election held under this provision, there shall be three trustees elected, whose 
terms shall be one, two and three years respectively. 

SEC. 4.* The general assembly at its first session after the adoption of this 
constitution, shall pass such laws as may be necessary to give effect to the 
provisions of this article. But nothing in this article shall be construed as 
prohibiting the general assembly from providing by law for any additional 
officers in any city or county. 

SEC. s.f Sheriffs shall hold no other office. They may be required by 
law to renew their security, and in default of so doing, their offices shall be 
declared vacant. Counties shall never be made responsible for the acts of 
the sheriffs. 

NOTE. For schedule in act for submitting to the people the amendments to Article VII, vide Ses- 
sions Acts, 1874. page 211. 

ARTICLE VIII. 

EDUCATION. 

SEC. i. The general assembly shall elect, in joint ballot, within thirty 
days after its organization, under this constitution, and every fourth year 
thereafter, a superintendent of piiblic instruction. He shall have the gen- 
eral supervision of the public free school interest of the state, and shall 
report to the general assembly for its consideration, within thirty days after 
his election, a plan for a uniform system of public free schools. 

SEC. 2. There shall be a board of education, composed of the governor, 
superintendent of public instruction, and attorney-general, which shall 
appoint and have power to remove, for cause and upon notice to the incum- 
bents, subject to confirmation by the Senate, all county superintendents of 
public free schools. This board shall have, regulated by law, the manage- 
ment and investment of all school funds, and such supervision of schools of 
higher grades as the law shall provide. 

SEC. 3. The general assembly shall provide by law, at its first session 
under this constitution, a uniform system of public free schools, and for its 



* Change in number of section 5 of Article VII to 4 rendered necessary by the striking out of sec- 
tion 4. 

f Change in number of section 6 of Article VII to 5 rendered necessary by the striking out of sec- 
tion 4. 



22 STATE CONSTITUTION. 

gradual, equal, and full introduction into all the counties of the state, by the 
year 1876, or as much earlier as practicable. 

SEC. 4. The general assembly shall have power after a full introduction 
of the public free school system, to make such laws as shall not permit 
parents aud guardians to allow their children to groiu tip in ignorance and 
vagrancy. 

SEC. 5. The general assembly shall establish, as soon as practicable, 
normal schools, and may establish agricultural schools and such grades of 
schools as shall be for the public good. 

SEC. 6. The board of education shall provide for uniformity of text-books 
and the furnishing of school-houses with such apparatus and library as may 
be necessary, under such regulations as may be provided by law. 

SEC. 7. The general assembly shall set apart, as a permanent and per- 
petual literary fund, the present literary funds of the state, the proceeds of 
all public lands donated by congress for public school purposes, of all 
escheated property, of all waste and unappropriated lands, of all property 
accruing to the state by forfeiture, and all fines collected for offences com- 
mitted against the state, and such other sums as the general assembly may 
appropriate. 

SEC. 8. The general assembly shall apply the annual interest on the lite- 
rary fund, the capitation tax provided for by this constitution for public free 
school purposes, and an annual tax upon the property of the state of not 
less than one mill nor more than five mills on the dollar, for the equal benefit 
of all the people of the state, the number of children between the ages of 
five and twenty -one years, in each public free school district, being the basis 
of such division. Provision shall be made to supply children attending the 
Public free schools with necessary text-books in cases where the parent or 
guardian is unable, by reason of poverty, to furnish them. Each county and 
public free school district may raise additional sums py a tax on property 
for the stipporl of the public free schools. All unexpended sums of any one 
year in any public free school district shall go into the general school fund 
for re-division the next year : provided, that any tax authorized by this sec- 
tion to be raised by counties or school districts shall not exceed five mills on 
a dollar in any one year, and shall not be subject to a redivision, as herein- 
before provided in this section. 

SEC. 9. The general assembly shall have poiuer to foster all higher grades 
of schools under its supervision, and to provide for such purpose a perma- 
nent educational fund. 

SEC. 10. All grants and donations received by the general assembly for 



STATE CONSTITUTION. 23 

educational purposes shall be applied according to the terms prescribed by 
the donors. 

SEC. ii. Each city and county shall be held accountable for the destruction 
of school property that may take place within its limits by incendiaries or 
open violence. 

SEC. 12. The general assembly shall fix the salaries and prescribe the 
duties of all school officers, and shall make all needful laws and regula- 
tions to carry into effect the public free school system provided for by this: 
article. 

ARTICLE IX. 

MILITIA. 

SEC. i. The militia of this state shall consist of all able-bodied male per- 
sons between the ages of eighteen and forty-five years, except such persons 
as hereafter may be exempted by the laws of the United States or of this 
state ; but those who belong to religious societies whose tenets forbid them 
to carry arms, shall not be compelled to do so, but shall pay an equivalent 
for personal service ; and the militia shall be organized, armed and equipped, 
and trained, as the general assembly may provide by law. 

SEC. 2. The legislature shall provide by law for the encouragement of 
volunteer corps of the several arms of the service, which shall be classed 
as the active militia ; and all other militia shall be classified as the reserve 
militia, and shall not be required to muster in time of peace. 

ARTICLE X. 

TAXATION AND FINANCE. 

SEC. i. Taxation, except as hereinafter provided, whether imposed by the 
state, county, or corporate bodies, shall be equal and uniform, and all pro- 
perty, both real and personal, shall be taxed in proportion to its value, to be 
ascertained as prescribed by law. No one species of property, from which 
a tax may be collected, shall be taxed higher than any other species of 
property of equal value. 

SEC. 2. No tax shall be imposed on any of the citizens of this state for the 
privilege of taking or catching oysters from their natural beds with tongs in 
the waters thereof; but the amount of sales of oysters so taken by any citi- 
zen, in any one year, may be taxed at a rate not exceeding the rate of taxa- 
tion imposed upon any other species of property. 

SEC. 3. The legislature may exempt all property used exclusively for state, 



24 STATE CONSTITUTION. 

county, municipal, benevolent, charitable, educational and religious pur- 
poses. 

SEC. 4. The general assembly may levy a tax on income in excess of six 
hundred dollars per annum, and upon the following licenses, viz : the sale of 
ardent spirits, theatrical and circus companies, menageries, jugglers, itine- 
rant peddlers, and all other shows and exhibitions for which an entrance 
fee is required ; commission merchants, persons selling by sample, brokers 
and pawn-brokers, and all other business which cannot be reached by the 
ad valorem system. The capital invested in all business operations shall be 
assessed and taxed as other property. Assessments upon all stock shall be 
according to the market value thereof. 

SEC. 5. The general assembly may levy a tax not exceeding one dollar per 
annum, on every male citizen who has attained the age of twenty-one years, 
which shall be applied exclusively in aid of public free schools ; and coun- 
ties and corporations shall have power to impose a capitation tax, not ex- 
ceeding fifty cents per annum, for all purposes. 

SEC. 6. The general assembly shall provide for a reassessment of the real 
estate of this state in the year 1869, or as soon thereafter as practicable, and 
every fifth year thereafter ; provided, in making such assessment, no land 
shall be assessed above or below its value. 

SEC. 7. No debt shall be contracted by this state except to meet casual 
deficits in the revenue, to redeem a previous liability of the state, to suppress 
insurrection, repel invasion, or defend the state in time of war. 

SEC 8. The general assembly shall provide by law, a sinking fund, to be 
applied solely to the payment and extinguishment of the principal of the 
state debt ; which sinking fund shall be continued until the extinguishment 
of such state debt ; and every law hereafter enacted by the general assem- 
bly, creating a debt or authorizing a loan, shall provide a sinking fund for 
the payment of the same. 

SEC. 9. The unfunded debt shall not be funded or redeemed at a value 
exceeding that established by law at the time said debt was contracted, nor 
shall any discrimination hereafter be made in paying the interest on state 
bonds, which shall give a higher actual value to bonds held in foreign coun- 
tries over the same class of bonds held in this country. 

SEC. 10. No money shall be paid out of the state treasury except in pur- 
suance of appropriations made by law ; and no appropriation shall ever be 
made for the payment of any debt or obligation created in the name of the 
state of Virginia, by the usurped and pretended state authorities assembled 
at Richmond during the late war ; and no county, city or corporation shall 



STATE CONSTITUTION. 25 

levy or collect any tax for the payment of any debt created for the purpose 
of aiding any rebellion against the state, or against the United States. 

SEC. ii. On the passage of every act which imposes, continues or revives 
any appropriation of public trust money or property, or releases, discharges 
or commutes any claim or demand of the state, the vote shall be determined 
by ayes and noes, and the names of the persons voting for and against the 
same shall be entered on the journals of the respective houses, and a ma- 
jority of all the members elected to each house shall be necessary to give it 
the force of law. 

SEC. 12. The credit of the state shall not be granted to, or in aid of, any 
person, association or corporation. 

SEC. 13. No scrip, certificate, or other evidence of state indebtedness, shall 
be issued, except for the redemption of stock previously issued, or for such 
debts as are expressly authorized in this constitution. 

SEC. 14. The state shall not subscribe to, or become interested in, the 
stock of any company, association or corporation. 

SEC. 15. The state shall not be a party to, or become interested in, any 
work of internal improvement, nor engage in carrying on any such work, 
otherwise than in the expenditure of grants to the state of land or other 
property. 

SEC. 16. Every law which imposes, continues or revives a tax, shall dis- 
tinctly state the tax, and the object to which it is to be applied, and it shall 
not be sufficient to refer to any other law to fix such tax or object. 

SEC. 17. The state shall not assume any indebtedness of the county, 
borough, nor city, nor lend its credit to the same. 

SEC. 18. A full account of the state indebtedness, and an accurate state- 
ment of receipts and expenditures of the public money, shall be attached to 
and published with its laws passed at every regular session of the general 
assembly. 

SEC. 19. The general assembly shall provide by law for adjusting with the 
state of West Virginia, the proportion of the public debt of Virginia, proper 
to be borne by the state of Virginia, and West Virginia, and shall provide 
that such sum as shall be received from West Virginia shall be applied to 
the payment of the public debt of the state. 

SEC. 20. No other or greater amount of tax or revenue shall at any time 
be levied than may be required for the necessary expenses of the govern- 
ment, or to pay the existing indebtedness of the state. 

SEC. 21. The liability to the state of any incorporated company or institu- 
tion to redeem the principal and pay the interest of any loan heretofore 
5 



26 STATE CONSTITUTION. 

made by the state to such company or institution, shall not be released or 

commuted. 

ARTICLE XL 

MISCELLANEOUS PROVISIONS. 

Homestead and other Exemptions. 

SEC. i. Every householder or head of a family shall be entitled, in addi- 
tion to the articles now exempt from levy or distress for rent, to hold ex- 
empt from levy, seizure, garnisheeing, or sale, under any execution, order, 
or other process, issued on any demand for any debt heretofore or hereafter 
contracted, his real and personal property, or either, including money and 
debts due him, whether heretofore or hereafter acquired or contracted, to 
the value of not exceeding two thousand dollars, to be selected by him : 
provided, that such exemption shall not extend to any execution, order, 
or other process issued on any demand in the following cases : 

ist. For the purchase price of said property, or any part thereof. 

2d. For services rendered by a laboring person or a mechanic. 

3d. For liabilities incurred by any public officer, or officer of a court, or 
any fiduciary, or any attorney at law, for money collected. 

4th. For a lawful claim for any taxes, levies, or assessments, accruing after 
the first day of June, 1866. 

5th. For rent hereafter accruing. 

6th. For the legal or taxable fees of any public officer, or officers of a 
court, hereafter accruing. 

SEC. 2. The foregoing section shall not be construed as subjecting the 
property hereby exempted, or any portion thereof, to any lien by reason of 
any execution levied on property which has been subsequently restored to 
the defendant, or judgment rendered or docketed, on or after the iyth day 
of April, 1861, and before the 2d day of March, 1867, for any debt contracted 
previous to the 4th day of April, 1865, except debts of the character men- 
tioned in either of the above first three exceptions. 

SEC. 3. Nothing contained in this article shall be construed to interfere 
with the sale of property aforesaid, or any portion thereof, by virtue of any 
mortgage, deed of trust, pledge, or other security thereon. 

SEC. 4. The general assembly is hereby prohibited from passing any law 
staying the collection of debts, commonly known as "stay laws"; but this 
section shall not be construed as prohibiting any legislation which the gen- 
eral assembly may deem necessary to fully carry out the provisions of this 
article. 




STATE CONSTITUTION. 27" 

SEC. 5. The general assembly shall, at its first session under this constitu- 
tion, prescribe in what manner and on what conditions the said householder 
or head of a family shall thereafter set apart and hold for himself and 
family, a homestead out of any property hereby exempted, and may, in its 
discretion, determine in what manner and on what conditions he may there- 
after hold, for the benefit of himself and family, such personal property as 
he may have, and coming within the exemption hereby made. But this 
section shall not be construed as authorizing the general assembly to defeat 
or impair the benefits intended to be conferred by the provisions of this 
article. 

SEC. 6. An act of the general assembly, entitled " an act to exempt the 
homesteads of families from forced sales," passed April 29th, 1877, and an 
act entitled " an act to stay the collection of debts for a limited period," 
passed March 2d, 1866, and the acts amendatory thereof, are hereby ab- 
rogated. 

SEC. 7. The provisions of this article shall be construed liberally to the 
end that all the intents thereof may be fully and perfectly carried out. 

Church Property. 

SEC. 8. The rights of ecclesiastical bodies in and to Church property con- 
veyed to them by regular deed of conveyance shall not be affected by the 
late civil war, nor by any antecedent or subsequent event, nor by any act of 
the legislature purporting to govern the same,- but all such property shall 
pass to and be held by the parties set forth in the original deeds of con- 
veyance, or the legal assignees of such original parties holding through 
or by conveyance, and any act or acts of the legislature in opposition 
thereto shall be null and void. 

Heirship of Property. 

SEC. 9. The children of parents, one or both of whom were slaves at and 
during the period of cohabitation, and who were recognized by the father 
as his children, and whose mother was recognized by such father as his 
wife, and was cohabited with as such, shall be as capable of inheriting any 
estate whereof such father may have died seized and possessed as though 
they had been born in lawful wedlock. 

ARTICLE XII. 

FUTURE CHANGES IN THE CONSTITUTION. 

SEC. i. Any amendment or amendments to the constitution may be pro- 



28 STATE CONSTITUTION. 

posed in the Senate and House of Delegates, and if the same shall be 
agreed to by a majority of the members elected to each of the two houses, 
such proposed amendment or amendments shall be entered on their jour- 
nals, with the ayes and noes taken thereon, and referred to the general 
assembly to be chosen at the next general election of senators and mem- 
bers of the House of Delegates, and shall be published for three months 
previous to the time of making such choice. And if in the general assembly 
so next chosen as aforesaid, such proposed amendment or amendments 
shall be agreed to by a majority of all the members elected to each 
house, then it shall be the duty of the general assembly to submit such 
proposed amendment or amendments to the people in such manner and at 
such times as the general assembly shall prescribe ; and if the people shall 
approve and ratify such amendment or amendments by a majority of the 
electors qualified to vote for members of the general assembly voting 
thereon, such amendment or amendments shall become part of the con- 
stitution. 

SEC. 2. At the general election to be held in the year 1888, and in each 
twentieth year thereafter, and also at such times as the general assembly 
may by law provide, the question, " Shall there be a convention to revise 
the constitution and amend the same ?" shall be decided by the electors 
qualified to vote for members of the general assembly; and in case a 
majority of the electors so qualified voting at such election, shall decide in 
favor of a convention for such purpose, the general assembly at its next ses- 
sion shall provide by law for the election of delegates to such convention : 
provided, that nc^ amendment or revision shall be made which shall deny 
or in any way impair the right of suffrage or any civil or political right as 
conferred by this constitution, except for causes which apply to all persons 
and classes without distinction. 

SCHEDULE. 

That no inconvenience may arise from the changes in the constitution of 
this state, and in order to carry the same into complete operation, it is 
hereby declared that 

SEC. i. The common law and the statute laws now in force, not repugnant 
to this constitution, shall remain in full force until they expire by their own 
limitation, or are altered or repealed by the legislature. 

SEC. 2. All writs, actions, causes of actions, prosecutions, and rights of in- 
dividuals and of bodies corporate, and of the state, and all charters of in- 
corporation, shall continue; and all indictments which shall have been 



STATE CONSTITUTION. 29 

found, or which may hereafter be found, for any crime or offence committed 
before the adoption of this constitution, may be proceeded upon as if no 
change had taken place. The several courts, except as herein otherwise 
provided, shall continue, with the like powers and jurisdiction, both in law 
and in equity, as if this constitution had not been adopted, and until the 
organization of the judicial department of this constitution. 

SEC. 3. That all fines, penalties, forfeitures, and escheats accruing to the 
state of Virginia, under the present constitution and laws, shall accrue to the 
use of the state under this constitution. 

SEC. 4. That all recognizances, bonds, obligations, and all other instru- 
ments entered into or executed before the adoption of this constitution, to 
the people of the state of Virginia, to any state, county or township, or any 
public officer, or public body, or which may be entered into or executed, 
under existing laws, "to the people of the state of Virginia," to any such 
officer or public body, before the complete organization of the department 
of government under this constitution, shall remain binding and valid ; and 
rights and liabilities upon the same shall continue, and may be prosecuted as 
provided by law. All crimes and misdemeanors, and penal actions, shall be 
tried, punished and prosecuted, as though no change had taken place, until 
otherwise provided by law. 



PUBLIC FREE SCHOOL LAW. 



L-OF PUBLIC FREE SCHOOLS FOR THE COUNTIES, 
AND OF THE LITERARY FUND. 

Uniform System to be adopted. 

x. There shall be established and maintained, in this state, a 1869-70, c. 
uniform system of public free schools. fj 9 ' p ' 402 - 

Code of 1873, 

Authorities for Administering It. l^ 78 ' p - 678 

2. The public free school System shall be administered by the id. g 2. 
following authorities, to wit : a Board of Education, a Superin- 
tendent of Public Instruction, county and city superintendents of 
schools, and district school trustees. 

Of the Board of Education; of whom composed; its meetings, 
records, funds, and duties. 

3. The Board of Education shall be a corporation by that name, id. 3. 
and shall consist of the Governor, the Superintendent of Public 
Instruction, and the Attorney-General. It shall have all the rights 

and powers now or heretofore vested in the board of the literary 
fund. The Governor shall be the President of the Board, if he is 
present, and in his absence one of the other members shall be 
called to preside. 

4. A meeting of the Board may be held at any time upon the id. g4. 
call of any member thereof: provided, that due notice of the 
time of holding such meeting be given to all the members. The 
place of meeting shall, ordinarily, be the office of the Superin- 
tendent of Public Instruction. 

5. A faithful record shall be kept of all the proceedings of the id. 5. 
Board, which shall be signed by the member presiding at the 
sitting when they occurred, and shall be at all times open to in- 
spection. A copy thereof, or any part of the same, certified by 

the secretary of the Board, shall be evidence in all cases in which 
the original would be. 

6. Any money which ought to be paid into the public treasury w. \ 6. 



32 PUBLIC FREE SCHOOL LAW. 

to the credit of the literary fund, shall (unless other provision be 
made therefor) be recoverable, with interest, in the manner pre- 
scribed by the first section of the seventy-first chapter of the 
Code of Virginia, of the year eighteen hundred and sixty, for the 
recovery of money, to be paid to the credit of the fund for in- 
ternal improvement. And the second, third, fourth, and fifth sec- 
tions of that chapter shall apply also to the Board of Education. 

The chapter referred to is as follows : 

(1). Any forfeiture to the board of public works not under the seventieth chapter, 
and any money which ought to be paid into the public treasury to the credit of the 
fund for internal improvement, shall be recoverable, with interest on such money from 
the time the same ought to be paid, by motion after thirty days' notice, or by action in 
the circuit court of the city of Richmond . The second auditor shall institute and prose- 
cute the proceedings, after an order -for such motion or action shall have been made by 
the board. 

(2). The said board may appoint agents for the collection of its debts or claims, and 
authorize them to secure payment thereof on such terms as it may approve. 

(3). When estate of any person taken under execution, or for sale under any decree or 
deed of trust, for any such debt or claim, will not sell for the amount thereof, such agent 
may (under the directions of the board as to the price) purchase such estate for the 
board. He shall immediately report to it every such purchase and the terms thereof. 

(4). The board may sell or appoint an agent to sell, any estate so purchased, who shall 
sell at such time and on such terms as the board may authorize. It shall take bond 
from such agent if any money is to come into his hands. Any agent selling land under 
this section shall, when directed so to do by the board, execute a deed (with the resolu- 
tion giving such direction thereto annexed), conveying to the purchaser all the interest 
which the board may have in such land. 

(5). For the service of any agent under this chapter the board may allow compensation, 
not exceeding in any case five per centum on the money actually paid into the treasury. 

The duties of the Board of Education shall be as follows, viz : 
Id. g 7. 7. To make by-laws and regulations for its own government, 

and for carrying into effect the school laws. 

8. To observe the operations of the free school system, and to 
suggest to the general assembly any improvements deemed ad- 
visable therein. 

9. To invest all the capital and unappropriated income of the 
literary fund in certificates of debt of the United States, or certifi- 
cates of debt of, or guaranteed by this state, or in bonds of rail- 
road companies, secured by first mortgage, whose market value 
for six months preceding the investment has not been less than 
ninety cents in the dollar. And the said Board may call in any 
such investment, or any heretofore made, and re-invest the same 
as aforesaid, whenever deemed proper for the preservation, se- 
curity or improvement of the said fund. Whenever, in accordance 



PUBLIC FREE SCHOOL LAW. 33 

with this section, the Board shall invest as aforesaid in original 
certificates of debt of this state, no premium shall be required or 
paid on such investment. All securities for money belonging to 
the literary fund shall be deposited with the second auditor for 
safe keeping, who shall return, with his annual report, a list 
thereof, and statement of their value. 

10. To appoint and remove county superintendents of schools, 
subject to confirmation by the senate : provided, that vacancies 
may be filled on their occurrence, and that any such action taken 
by the Board in the recess of the general assembly shall continue 
in force until the expiration of thirty days after the assembling of 
the next general assembly. 

11. To decide appeals from decisions of the Superintendent of 
Public Instruction : provided, that all the facts and arguments in 
each case shall be presented in writing. 

12. To determine the necessary contingent expenses of the 
Superintendent's office, including stationery, postage, printing, 
furniture, and other necessary charges ; to examine the accounts 
thereof, and certify the same for payment, when approved. , 

13- To audit all claims arising under this act which are to be 
liquidated out of the state funds, and to allow so much thereof as 
shall appear to be due : provided, that not more than ten years 
shall have elapsed from the time when, by law, such claim might 
have been presented for payment. For any claims so allowed, 
certified by the secretary and the presiding officer of the Board, 
the second auditor shall issue his warrant on the treasurer, signed 
by the said auditor and attested by one of his clerks. All money 
belonging to the literary fund shall also be received into the 
treasury on the warrant of the same auditor, who shall also be the 
accountant of the said fund. 

14. To approve of the appointment of a first and second clerk 1870-71, c. 
for the office of the Superintendent of Public Instruction, upon i874, P 'c. 236, 
the nomination of that officer, and to fix their salaries at a sum isrf-is, c. 
not exceeding that allowed by law to other first and second clerks code P of 2 i873 
in the other state offices. But the first clerk, who is hereby re- jLj 8 ' 2 7 P- 
quired to serve also as secretary of the Board of Education, may 

be allowed for these extra services such reasonable compensation 
as the Board may deem just and proper, provided that the whole 
amount received by him for both offices shall not exceed the 
amount of his present salary as first clerk. 

15. To regulate all matters arising in the practical administra- 
tion of the school system, which are not otherwise provided for. 

6 



34 PUBLIC FREE SCHOOL LAW. 

J87i-72,_c. je. To make an annual report to the legislature on or before 

Code of 1873, the first day of December, covering the annual report of the Su- 

Jso. ' ' perintendent of Public Instruction, giving an account of the 

operations of the Board during the year ending the preceding 

thirty-first day of July (which shall in all cases be deemed the 

end of the school year) and especially showing the condition of 

the literary fund, and making suggestions with regard to the 

same. 

id. Code of 17. To punish county superintendents for neglect of duty, or 

7, p. 'esi. for any official misconduct, by reasonable fines, to be deducted 

from their pay, by suspension from office and pay for a certain 

time, or by removal, subject in the latter case to confirmation by 

the senate, as hereinbefore provided. 

OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Office for him and the Board of Education; his election, 
duties, compensation, and Annual Report. 

1869-70,0. . 18. A Superintendent of Public Instruction shall be elected by 
Code of 1873, the general assembly, by joint vote, within thirty days after the 
681 meeting of eighteen hundred and seventy-three and seventy-four, 

and every four years thereafter, the term of office to commence 
on the fifteenth day of the March following his election ; any 
vacancy in the office arising from death, resignation, removal 
from the commonwealth, permanent disability, or otherwise, to be 
filled by the Governor temporarily, if the same occur during the 
recess of the general assembly, the commission to expire at the 
end of thirty days after the next assembling of that body, whose 
duty it shall be to elect a successor, who shall enter upon his 
duties as soon as practicable after his election, and shall con- 
tinue to serve four years from the fifteenth day of the March fol- 
lowing his election. 

id. 9; and ig. The salary of the Superintendent of Public Instruction, 
2i9,'i,'p- after the present year, ending March isth, 1871, shall be two 
Code of 1873, thousand dollars, payable in monthly instalments. He shall also 
681 78 ' ^ 9 ' P ' be allowed his necessary travelling expenses, whilst engaged in 
the duties of his office, to be approved by the Board of Educa- 
tion, not to exceed, in the aggregate, five hundred dollars in any 
one year. 

1869-70, c. 20. A convenient office shall be provided for the use of the 
Cod'e of 1873, Superintendent of Public Instruction and the Board of Educa- 

c. 78, a 10, p. . 

,.68i. tion. 




PUBLIC FREE SCHOOL LAW. 35 

21. The Superintendent of Public Instruction shall be the chief M.gn. 
executive of the public free school system, upon whom shall 
devolve the following duties, to wit : 

22. He shall take care that the school laws and regulations be 
faithfully executed, and shall use all proper means to promote an 
appreciation and desire of education among the people. 

23. It shall be his duty to determine the true intent and mean- 
ing of the school laws and regulations, and to explain to the 
county superintendents and other school officers the several duties 
enjoined thereby upon them, and his decision shall be final, unless 
and until reversed by the Board of Education. 

24. He shall prepare suitable registers, blank forms and regula- 
tions for making all reports and for conducting all necessary busi- 
ness under this act, and by circulars and otherwise, shall give such 
information and instructions as he shall deem conducive to the 
proper organization and government of the public free schools 
and the due execution of their duties by the school officers. 

25. He shall require of county superintendents detailed reports 
annually, and as often besides as he may deem proper; and he 
may require special reports, at any time, of any officer connected 
with the school system. He may also appoint persons, at his 
discretion, to visit or examine all or any of the public free schools 
in the county wherein such persons reside, and report to him, 
touching all such matters respecting their condition and manage- 
ment, and the means of improving them, as he may indicate ; but 
no allowance or compensation shall be made to such persons for 
their services or expenses. 

26. It shall be his duty, as often as may be consistent with his 
other official engagements, to make tours of inspection among 
the public free schools throughout the state. 

27. He shall decide all appeals from decisions of county super- 
intendents of schools, when made in prescribed form ; but he 
may, at his discretion, refer the matter to the Board of Educa- 
tion, whose decision shall always be final. But appeals shall lie 
in all cases from the decisions of the Superintendent of Public 
Instruction to the Board of Education. 

28. Copies of his decisions and of the decisions of the Board, 
as well as of all his official papers, shall be kept on file in his 
office, and be open to the inspection of persons concerned. 

29. He shall also preserve, in convenient arrangement in his 
office, all such school documents from other states and govern- 
ments, books or pamphlets on educational subjects, school books, 
apparatus, maps, charts, and the like, as have been or shall be 



36 PUBLIC FREE SCHOOL LAW. 

furnished gratuitously for public use, or purchased for the use of 
his office. 

30. He shall annually, and as often besides as he may deem 
necessary, prepare a scheme for apportioning the money appro- 
priated by the state for public free school purposes, among the 
several counties and cities, on the basis of the number of children 
between the ages of five and twenty-one years, in each school 
district, as ascertained from the census of the previous year, or in 
default of that, from the latest and best official authority accessible 
to him. This scheme shall be accompanied by summaries of the 
data on which the same is founded, and when approved by the 
Board of Education, a copy thereof and of the summaries afore- 
said, shall be furnished to the second auditor, to each county 
superintendent of schools, and to each county treasurer. 

31. He shall provide for his office a suitable official seal, with 
which he may authenticate official documents. 

1871-72, c. 32. He shall annually submit to the Board of Education, on or 
85.' before the first day of November, a detailed report of his official 

c 78 e , \ 11, p! proceedings for the year ending the thirty-first day of July pre- 
1874-75, c. ceding, exhibiting a plain statistical account of receipts and ex- 
52, i, p. 38. p enc jitures for public free schools, and of their condition and pro- 
gress, showing the number of children, male and female, white 
and colored, respectively, in the state, and in each county, city 
and school district, between the ages of five and twenty-one years,, 
the average and total number at school during the year, the aver- 
age wages paid to teachers of either sex, the amount of each 
branch of school expenditure severally, the cost of education per 
scholar, and whatever else may tend to show the degree of suc- 
cess and usefulness of the system. He shall also be at liberty,. 
and it shall be his duty, to offer suggestions to the Board of Edu- 
cation and to the general assembly, concerning matters pertaining 
to his department, at any time that the public interest seems to 
him to require it. 

33. He shall discharge any other duties which may hereafter be 
required of him by law. 

OF COUNTY AND CITY SUPERINTENDENTS. 
Their duties and pay. 

1869-70, c. 34- There shall be appointed for every county, in the manner 
259, g 12, p. p rov id ec i f or> j n ar ticle eight of the constitution, one superin- 
c78 6 | f i| 7 p' tendent of schools. The regular term of office for such superin- 
1876-77 c tendents shall be four years, from . the first day of July next 
18, p. 13, and succeec jing their appointments, and in case of vacancies they 




PUBLIC FREE SCHOOL LAW. 3 

shall discharge the duties of their respective offices from their c. 243, p. 235, 
first appointment and qualification under the constitution until 
their terms begin; and the term of office of superintendents, 
heretofore appointed and confirmed, shall expire at the expiration 
of the time for which they were respectively appointed.* 

35. The compensation of county superintendents shall be fixed 1876-77, c. 
according to the population in their respective counties or districts, 

to be paid in quarterly instalments out of the state school fund. 
The said superintendents shall each receive thirty dollars for each 
thousand population under their respective jurisdictions for the 
first ten thousand, rejecting fractions less than five hundred; and 
twenty dollars for each thousand of population in excess of ten 
thousand, and up to and including thirty thousand, rejecting frac- 
tions less than five hundred ; and ten dollars for each thousand 
of population in excess of thirty thousand, rejecting fractions less 
than five hundred : provided, that the pay of no superintendent 
shall in any case be less than two hundred dollars. 

36. The salaries of county superintendents of schools, so far as 1869-70, c. 
payable by the state, shall be paid out of the bulk of the state 4ie! 
school funds, as distinguished from the appropriations from the 

same to the several counties. 

Duties of Superintendents of Schools. 

37. The duties of each county superintendent of schools shall 1869-70, c. 
be as follows, viz : Code of 1873, 

38. To explain the school system upon all suitable occasions, 683. ' 
and to promote an appreciation and desire of education among 
the people by all proper means in his power. 

39. To prepare anriually, and at such other times as may be 1*71-72, c. 
necessary, under directions from the Superintendent of Public In- code P of 1S73, 

struction, a scheme for apportioning the state and county school gj 8 '^ 14 ' p ' 
funds among the school districts within each county under his 
supervision ; a copy of which scheme shall be furnished to the 
county treasurer, and to the clerk of each school district, and also 
to the editor of each newspaper which may be published within 
the county. 

40. To examine persons applying for license to teach in the 
public free schools, and if satisfied as to their capacity, acquire- 
ments, morals, and general fitness, to grant them certificates of 

* The Act of March 29, 1877, makes the term of office begin January instead of July, 
tout this was evidently owing to inadvertence, inasmuch as it conflicts with the Act of 
January 11, 1877, which is in accordance with the constitution. 



38 PUBLIC FREE SCHOOL LAW. 

limited duration, subject to revocation ; all to be done in accord- 
ance with directions from the Superintendent of Public Instruc- 
tion. 

41. To promote the improvement and efficiency of teachers by 
all suitable and proper methods, under directions from the Su- 
perintendent of Public Instruction. 

42. To assist in the organization of boards of district school 
trustees with the privilege of being present at all meetings of 
such boards, and of participating in the discussions of questions 
therein, but not of voting. 

43. To visit and examine all the schools and school districts 
under his care as often as practicable, to inquire into all matters 
relating to their management, the course of study and mode of 
instruction therein, their text-books and discipline, the condition 
of the school-houses, sites, out-buildings and appendages ; and in 
general, into whatever concerns the usefulness and perfection of 
the public free schools under his supervision; to examine the 
records and official papers of the school districts ; to advise with 
and counsel the school trustees and teachers in relation to their 
duties, and to call especial attention to any neglect or violations 
of any laws or regulations pertaining thereto ; and when neces- 
sary, to take lawful measures to abate nuisances, or to condemn, 
as unfit to be longer used, any school-houses, the occupancy of 
which, for any reason, is likely to endanger the health of the 
pupils. 

44. To decide finally all appeals or complaints concerning the 
acts of any persons connected with the school system within his 
bounds, unless the matters in question are properly referable to 
other authorities : provided, that teachers or officers belonging to 
the system shall have the right of appealing from the decisions of 
the county superintendent to the Superintendent of Public In- 
struction. 

45. To administer oaths and take testimony in all matters re- 
lating to public schools, whenever required, in cases pending or 
to come before himself or before the Superintendent of Public 
Instruction, or before the Board of Education ; and also to ad- 
minister the oath of office to district school trustees when called 
upon so to do. 

1871-72, c. 46. To keep in a bound volume a record of his own official acts, 
Code of 1873, and to file methodically all official papers. 

5g4/* 14>p ' 47. To require from clerks of boards of district school trustees 
detailed reports annually, and oftener, if necessary, of the sta- 



PUBLIC FREE SCHOOL LAW. 39 

tistics touching the public free schools of their respective districts, 
as the said county superintendent shall prescribe. 

48. To observe such directions and regulations as the Superin- 1871-72, c. 
tendent of Public Instruction may from time to time prescribe ; to 

make special reports to that officer whenever required, and on or 
before the tenth day of September, annually, to make to him a 68 ** 
report for the year ending the thirty-first day of July preceding, 
in such form and containing all such particulars as shall be pre- 
scribed and called for; and until such annual report shall have 
been received at the office of the Superintendent of Public In- 
struction, the county superintendent shall not draw his last instal- 
ment of pay from the state treasury. A brief abstract of the said 
annual report, unless the Superintendent of Public Instruction 
shall direct otherwise, shall be furnished to every newspaper pub- 
lished in the county. 

DISTRICT SCHOOL TRUSTEES. 

Appointed by Trustee Electoral Board composed of County Su- 
perintendent, County Judge and Attorney for the Common- 
wealth; who eligible; their duties and exemptions; how 
District Boards are organized. 

49. On and after the first day of July, eighteen hundred and 1869-70, c. 
seventy-seven, vacancies existing or occurring in district boards of is.' 
school trustees shall be filled by the joint action of the county p . 9. 
superintendent of schools, the county judge, and the attorney for c.78,g 22, p! 
the commonwealth in each county, who are hereby created a 686- 
board for that purpose, to be known as the school trustee electoral 

board, a majority of whom shall constitute a quorum : provided, 
that no person who is unable to read and write shall be appointed 
a trustee ; and provided, also, that nothing in this act shall be con- 
strued to give any authority or power to said electoral board to 
interfere in any way with the appointment as heretofore of school 
trustees by municipal councils, or to disturb in any way the pre- 
sent law bearing on the action of said municipal councils in the 
premises. 

50. The said school trustee electoral board shall have power, 
and it shall be its duty to declare vacant, and to proceed to fill the 
office of any trustee who fails to qualify, and to deliver to the 
clerk of this board his official oath in the usual form within thirty 
days after he has been notified of his appointment, which notifica- 
tion shall be promptly given by the clerk. The board shall also 



40 PUBLIC FREE SCHOOL LAW. 

vacate the office of any and every trustee who fails to discharge 
the duties of his office according to law. 

51. The county judge shall be the chairman of said board, and 
the county superintendent of schools its clerk. Any member may 
call a meeting by giving due notice to the other two. All pro- 
ceedings shall be recorded in a bound volume, and such record 
book, and such stationery and postage as may be required for cor- 
respondence with trustees, shall be paid for from the county 
school fund on the warrant of the said board in the usual form : 
provided, the cost of the same shall not exceed 'five dollars in any 
one year. It shall, furthermore, be the duty of the clerk of said 
board to furnish the Board of Education with a list of the county 
trustees and such other information as may be called for. 

52. The clerk shall convene the said electoral board promptly 
when unexpected vacancies occur, and also at least thirty days 
before the expiration of regular terms of office, so that the district 
boards may be kept full, and no members be left to hold over un- 
necessarily. And in case of a failure on the part of the clerk to 
attend punctually to this or any of the other duties devolving upon 
him, he shall, for each offence, be fined by the board not less than 
one nor more than five dollars. 

53. It shall be the duty of the county superintendent of schools 
to report to the said electoral board the failure of the clerk of any 
district school boargl to make and deliver his annual report in 
form and time as required by law, whereupon a fine shall be 
entered upon the record of the electoral board against such de- 
linquent clerk of five dollars for the original default, and an addi- 
tional fine of fifty cents a day for every day of continued failure 
until the report be delivered. The county superintendent of 
schools, as clerk of the said electoral board, shall immediately 
notify in writing the chairman of the district board of school 
trustees of the entering of this fine, and the amount shall be sub- 
tracted from the next instalment of the delinquent clerk's pay. 

Who eligible as district school trustees ; their exemptions ; 
how organized. 

1869-70, c. 54. No supervisor or county treasurer shall be chosen or be 
Code of 1873, allowed to act as district school trustee. 

686. ' P 55- Every school trustee shall, at the time of his appointment, 
i^g^ie. ' be a resident of the school district for which he is appointed ; and 
C( d e ?Jf 73 ' if he sna11 cease to be a resident thereof, his office shall be 

C. TOj ^4j P 

687. deemed vacant, and a successor shall be appointed. 



PUBLIC FREE SCHOOL LAW. 41 

56. Every school trustee shall be exempt from serving on juries, 1869-70, c. 
and from militia service in time of peace. 1375-6 c. 

57. Each board of school trustees shall hold its first meeting at w^'/sio! 90 ' 
the call of the county superintendent of schools, two members j?78 ?27 873 ' 
constituting a quorum ; and at this meeting, one of the members 687 - 
shall be appointed chairman and another clerk. 

Duties of the board of trustees ; estimate of funds for the scho- 
lastic year ; care and control of school property ; annual re- 
port; visitation of schools. 

58. The duties of boards of school trustees shall be in general 1869-70, c. 
as follows, subject to be defined more particularly by the Board 409! 

of Education and in other parts of this act, to wit : c . 7^ g f 3^ 

59. To explain and enforce the school laws and regulations, and 687t 
themselves to observe the same. 

60. To employ teachers, and to dismiss them when delinquent, 
inefficient, or in any wise unworthy of the position. 

61. To suspend or dismiss pupils when the prosperity and 
efficiency of the schools make it necessary. 

62. To decide what children, wishing to enter the schools of the 
district, are entitled, by reason of the poverty of their parents or 
guardians, to receive text-books free of charge, and to provide 
for supplying them accordingly. 

63. To see that the census of children, required by section 
twenty-eight of this act, is taken in the proper time and in proper 
manner. 

64. To hold regular meetings at fixed periods, to be prescribed 
by the Board of Education, and special meetings, when called by 
the chairman or by any two members. 

65. To call meetings of the people of the district for consulta- 
tion in regard to the school interests thereof, at which meetings 
the chairman or some other member of the board shall preside, if 
present. 

66. Within thirty days from the passage of this act, and on or 1871-72, c. 
before the isth day of November* in each year, to prepare and code P of 4 i873, 
return to the president of the county school board, to be by him |^ 8 ' 2 8 > P- 
laid before said board at its earliest meeting, an estimate of the 
amount of money which will be needed in the district during the 

*This is inconsistent with the object of $ 74, which requires the county school board 
to act in this matter before " the first Wednesday in November." The district boards 
should therefore see that their estimates are returned to the president of the county 
school board before the meeting of the county board. 



42 PUBLIC FREE SCHOOL LAW. 

next scholastic year, for providing school-houses, school books 
for indigent children, and other school appliances, and necessary, 
proper and lawful expenses. 

67. To take care of, manage and control the school property of 
the district. 

1871-2, c. 108, 68. To report on any special matter when required by the 
Code of 1873, county superintendent of schools, and to report to him annually, 
' on or before August 15th, down to the first day of that month, on 
. all subjects indicated in the blank forms supplied for the purpose, 
and until that report shall be delivered, the clerk shall not be 
allowed to draw his last instalment of pay for his services. 

69. To visit the public free schools within the district from time 
to time, and to take care that they are conducted according to 
law, and with the utmost efficiency. 

Of school districts ; to be numbered and incorporated ; corporate 
Powers ; boundaries; separate districts in town; trustees for 
towns; how appointed. 

1869-70, c. 70. School districts shall be numbered, or named, in the several 
Code of 1873, townships, by the county superintendent of schools, and shall be 
688.' duly reported to the Superintendent of Public Instruction, and 

recorded in his office and also in that of the clerk of the county 

court, 
id. 26. 71. Each district shall be a body corporate, and shall be desig- 

Code of 1873, 

c. 78, g 35, p. nated as school district No. , in magisterial district, 

in the county of , by which name it may sue and be sued, 

contract and be contracted with, and take, hold, and convey 
property. 

1870-1, c. 276 72. The districts shall correspond in boundaries with the magis- 

1871-2, c. 365 terial districts, except where modified in the creation of sub- 

1876-7, c. 86, districts as provided for in section 77 of this compilation ; and 

Code of 1873, excepting further that incorporated towns of more than five hun- 

p ^ 36 ' P * dred arj d less than five thousand inhabitants shall, if the council 

of such town so elect, constitute a separate school district ; and 

such council shall have the power to appoint three school trustees, 

to serve one, two, and three years, respectively; and annually 

thereafter, it shall appoint a school trustee for said district, to 

serve for three years. 

SCHOOL TRUSTEES AUTHORIZED TO BORROW MONEY- 

County treasurer to reserve from township levy amount to pay 

loan. 

I870-i,c.i83 73. The school trustees of any township that has levied a tax 



PUBLIC FREE SCHOOL LAW. 43 

for putting public schools into operation may borrow an amount P- 262 - 

f ,, r Code of 1873, 

of money not exceeding fifty per centum of such levy, at a rate of c. 78, g 32, p. 
interest not exceeding that allowed by law, and for a period not 
exceeding six months. 

74. Any board of school trustees who shall borrow money under 
the provisions of this act, shall notify the county treasurer of their 
county of the amount of such loan, when due, and the rate of in- 
terest, and such treasurer shall reserve from such township levy a 
sufficient amount to satisfy such loan and pay the same when due. 

DUTIES OF THE CLERK OF THE DISTRICT SCHOOL 
BOARD. 

To take school census every five years ; to keep a record of his 
official acts ; his pay. 

75- It shall be the duty of the clerk of the district school board, 1869-70, c. 

259 2 21 

during the month of June or July, eighteen hundred and seventy- 1874-^5, c. 56, 
five, and every five years thereafter, to take a census of all per- ?87?-8, c. 23, 
sons residing within the school district between the ages of five and code' of 1873, 
twenty-one years, and to gather statistics relating to the interests J 8 ' 2 28 P* 
of education in the district, according to forms furnished from the 
office of the Superintendent of Public Instruction. The lists thus 
prepared shall be submitted for careful revision to the district 
school board, as soon as may be after their completion, and shall 
at all times be open to the inspection of any citizen. They shall 
also be submitted, along with the other papers of the district, to 
the county board, at its annual meeting, and shall be immediately 
thereafter delivered to the county or city superintendent of schools. 
For this service the clerk shall receive out of the district school 
funds a compensation therefor, at the rate of three dollars per 
hundred for the children listed by him, subject to abatement or 
fine by the district board on the discovery before or after the 
settlement of the account of errors or omissions in the list, as 
provided in section forty of this act. All errors in the list shall 
be rectified by the clerk without extra compensation. It shall be 
the duty of the county superintendent to exercise special care in 
securing a prompt and accurate discharge of this duty by the dis- 
trict clerks. The duty of taking the census of the school popula- 
tion shall be discharged by no other person. 

76. The clerk shall keep in a bound volume a record of the 1869-70, c. 
proceedings of the board, and in another book a cash account code of 1873, 
and a record of his own official acts, and shall keep on file Ll 8) ^ ^ p ' 



44 PUBLIC FREE SCHOOL LAW. 

vouchers, contracts, and other official papers ; all of which shall 
be open to the inspection of the county superintendent of schools, 
and of every citizen of the district, and shall be subject to such 
periodical examinations as shall be prescribed by the Board of 
Education. 

1878-79, c. 77. The clerk shall discharge such other duties in connection 
g62. with the school business of the district as may be required of him, 

and, for his services he may be allowed, out of the district funds, 
not exceeding two dollars a day for every day of service rendered : 
provided, that the whole amount received by him for any one year 
shall not be greater than at the rate of two dollars for each public 
free school conducted according to law in his district within 
that year. 

COUNTY SCHOOL BOARDS -THEIR POWERS AND 
DUTIES. 

What property is vested in the board. 

1871-2, c. 107 78. The county superintendent of schools of each county of 
Gode-of 1873, the state, or in case there are two in a county, both of such 
684. 8 ' 15> P ' superintendents, together with the district school trustees in each 
county, including those in cities of the second class, shall, for cer- 
tain purposes hereinafter specified, constitute a body corporate 
under the style of "The County School Board of County," 

and may, in its corporate -capacity, sue and be sued, contract and 
be contracted with, and take, hold and convey property. This 
board shall be subject to the higher authorities in like manner as 
the district boards. 

Id. 2. 79. The county superintendent of schools for each county shall 

be ex-officio president of the county school board, or if there be 
two superintendents, the one first appointed shall be president, 
and the other shall be vice-president of the board. Should there 
be but one superintendent of schools in the county, it shall be the 
duty of the county school board, at its first meeting, and on the 
occurrence of a vacancy afterwards, to elect one of its members 
vice-president. 

Id. 3. 80. It shall be the duty of the president to call meetings of the 

board whenever, in his judgment, such meetings are needed, and 
also whenever requested to do so by two chairman of the district 
boards in his county. 

Id. 4. 81. The county school board shall make and record, in a bound 

volume, by-laws and regulations for its own government and for 



PUBLIC FREE SCHOOL LAW. 45 

carrying out all duties imposed upon it by law; and it shall keep, 
in another bound volume, a record of the proceedings of each 
meeting. It may appoint a clerk at discretion, who shall receive 
as compensation two dollars per day for each day actually em- 
ployed ; which compensation, together with necessary contingent 
expenses attending the transaction of business by the board, may 
be paid out of any funds under the control of the board. 

82. The board shall hold a regular annual meeting between the i<M5. 
first and fifteenth of August, the exact day to be fixed by the g 3, p. 38.' 



board itself, or in default thereof, by the president. 

83. All money, bonds, stocks, debts, funds, effects and other 1871-72, c. 
property, real or personal, now held by individuals by virtue of code S of'i873 
their late office of school commissioner or overseers of the poor c - 78 > ^P- 
of any of the counties of this commonwealth, except the county 
of Loudoun, under any act heretofore passed by the general as- 
sembly of Virginia, acquired by or derived from the sale of Glebe 
lands, or from any other source, formerly belonging to any of the 
said counties, and applicable to school purposes; also such real 
or personal estate in any of the said counties as belonged to the 
former board of the Literary Fund, together with any other funds 
or property which was in any manner set apart for school pur- 
poses, but w'hich has been practically abandoned or is without 
trustees; and any funds or property that may be hereafter set 
apart for public free school purposes, and all donations by will, 
deed or other conveyance, heretofore or hereafter made for school 
purposes, shall, on and after the passage of this act, be vested in 
the said county school board of the said counties respectively, 
unless inconsistent with the grant or devise, upon such terms and 
conditions for the security of the same as the court of said county 
shall prescribe. The said board shall, when not inconsistent with 
the terms of the grant or devise, invest and manage the same, and 
apply the profits thereof for the purposes of education, in the 
same manner and under the same restrictions as the general 
school fund of the state is applied under the general school law 
of the state, except that the said boards are authorized to apply 
such portions of the profits of the funds as in their judgment may 
be necessary to the erection of school houses in their said coun- 
ties respectively, or to the purchase of school apparatus for the 
use of schools; and provided further, that such disposition is not 
in conflict with the will of the grantor or testator. In cases where 
funds or other property are held by trustees for purposes of com- 
mon school education, the county school board shall have power, 
and it shall be its duty, to examine into the manner in which such 



46 PUBLIC FREE SCHOOL LAW. 

trusts are administered; and all such trustees are hereby required 
to render reports to the county board whenever called on, and to 
afford every facility wanted by said board in order to obtain a full 
understanding of all the points connected with such administra- 
tion ; and should such examination reveal any defect or irregu- 
larity in the administration of such trust funds or other property, 
it shall be the duty of the county school board to take immediate 
measures for carrying the matter before the civil courts. In cases 
where donations or other funds have been set apart for the edu- 
cation of the poor, the county school board is authorized to re- 
ceive and apply the same in connection with the public free 
schools, in obedience to the will of the donor. The county school 
board of any county may employ counsel and provide for and 
direct the payment of reasonable attorney's fees, whenever such 
action may be necessary for effectuating the purposes and objects 
of this section, or for the protection of the public schools of the 
county, or of any school district thereof from loss or detriment 
from any cause : provided, that no such fee shall be paid or al- 
lowed by such board unless and until the same shall have been 
approved by the court in which such litigation was had ; and pro- 
vided further, that nothing in this act contained shall be construed 
to apply to the twenty-fifth clause of the will of Samuel Miller, 
deceased, or in any wise to affect or impair any rights or interests 
whatsoever, either public or private, arising under said clause. 
1874-75, c. 84. The county school board shall make an annual report to the 

52, 2, p. 38. 

Superintendent of Public Instruction on or before the isth of Au- 



gust in each year, which shall give in detail its official acts for the 
year ending the 3ist day of July preceding. 

Duties and Compensation of County Treasurer with Reference to 
School Board. 

1871-72, c. 85. The county treasurer shall in all cases collect, disburse or 

83. ' p ' invest the funds placed under the control of the county school 

c?78,f f 2i 8 , 7 p* - board b y the provisions of this act, in accordance with the direc- 

tion of said board, and shall receive such compensation as the 

board may determine, provided that the same shall not be less 

than one nor more than two per cent, upon the amount received. 

For the proper application of all such funds, he and his sureties 

upon his official bond shall be liable. 

General Rules for Officers. 

186970 c 

259,,g 28, p. 86. Higher officers may temporarily discharge, or make special 






PUBLIC FREE SCHOOL LAW. 47 

provision for the discharge of. the duties of the lower in cases of 41 - 

Code of 1873, 

absence, neglect, disability, or unsupphed vacancy. c. 78. a 37, p. 

689 

87. No member of the Board of Education, nor any county id. 29. 
superintendent of schools, nor school trustee, nor any other 
school officer, nor any teacher of a public free school, shall have 

any pecuniary interest, directly or indirectly in supplying books, 
maps, school furniture, or apparatus to the public free schools of 
this state, nor shall act as agent for any author, publisher, book- 
seller, or dealer in any such school furniture or apparatus, or 
directly or indirectly receive any gift, emolument, reward or 
promise of reward, for his influence in recommending or pro- 
curing the use of any book, map, or school apparatus or furniture 
of any kind in any public free school of this state. And any 
school officer or teacher who shall violate this provision, besides 
being removed from his post, shall be subject to a penalty of not 
less than ten nor more than five hundred dollars. Exceptions to 
the requirements of this section may be made by the Board of 
Education, in the case of a school officer being the author of 
school books or maps, or the inventor of school furniture or 
apparatus, in which case the Board of Education may, at its dis- 
cretion, make specific 'arrangements whereby such school officer 
may, if his book or invention be adopted by proper authority, 
enjoy the benefits of the proceeds thereof without offence: pro- 
vided, that no unfair advantage be allowed over other competi- 
tors in securing the adoption of the book or invention. 

88. All school officers going out of office shall deliver to their 
successors the records and all official papers belonging to the 
office. In case of the refusal or failure of any officer to do so on 
demand by his successor, he shall forfeit not less than twenty-five 
nor more than one hundred dollars therefor, and a like penalty 
for each month during which he shall persist in withholding the 
same. 

89. Any county superintendent of schools, school trustee, or 
other school officer, or any teacher in a public free school, who 
shall, by malfeasance or neglect, offend against the provisions of 
this act, if no other specific penalty be prescribed, shall be sub- 
ject to a fine of not less than five nor more than fifty dollars for 
each offence. 

90. All penalties and forfeitures imposed by this act upon a 
county superintendent of schools, shall be for the benefit of the 
public free schools of the county, and all penalties imposed upon 
school trustees, or other district school officers, or upon teachers, 
shall be for the benefit of the public free schools of the district 



48 PUBLIC FREE SCHOOL LAW. 

where the offence is committed. The suit for such penalties shall 
be in the name of the commonwealth, and if prosecuted in a 
court of record, it shall be the duty of the attorney for the com- 
monwealth for the county to conduct the same. It shall also be 
the duty of the attorney for the commonwealth and any school 
officer of the county, or of any school district, as the case may be, 
to set such prosecution on foot: provided, that if a penalty shall 
be inflicted for any such offence by any of the school authorities 
in pursuance of this act, the party shall not be a second time sub- 
jected to a penalty therefor. 

OF TEACHERS; THEIR DUTIES; CERTIFICATE OF 
COMPETENCY. 

Contracts with them; may suspend pupils ; their exemptions; 
meetings of teachers. 

1869-70, c. 91. No teacher of a public free school shall be employed, or 

Code of 1873, shall receive any pay from the public funds, unless he or she shall 

690. ' P hold a certificate of qualification in full force, given to him or her 
by the county superintendent for the county within which he or 
she is employed. No such payment shall be allowed, if made, 
and any officer who shall make or sanction it, shall also be subject 
to a penalty of not less than five nor more than fifty dollars. 

id. 34. 92. Every teacher in a public free school shall keep a daily 

register of facts pertaining to his school, in such form as the school 
regulations shall require, and shall be responsible for the safe- 
keeping and delivery of the same to the clerk of the school dis- 
trict at the close of the school term, or of the period of his 
service, whichever shall first happen. 

id. 35. 93. Written contracts shall be made with all public free school 

teachers, in a form to be prescribed by the school regulations, be- 
fore they enter upon their duties. Such contracts shall be signed 
in duplicate, each party holding a copy. 

id. 36. 94. A teacher of a public free school may, for sufficient cause, 

suspend pupils from attendance on the school until the case is de- 
cided by the board of school trustees, which shall be with as little 
delay as possible. 

id. 37. 95. A teacher of a public free school, whilst acting as such, 

during vacation as well as during the school term, shall enjoy the 
same exemptions which are granted to school trustees. 

id. 38. 96. The board of education shall have power, at its discretion, 

to invite and encourage meetings of teachers at convenient places, 
and to procure addresses to be made before such meetings, touch- 
ing the processes of school organization, discipline, and instruc- 



r 



PUBLIC FREE SCHOOL LAW. 49 

tion : provided, that no public money shall be expended for the 
purposes of this section. 

OF SCHOOLS AND SCHOOL PROPERTY. 

97. School houses, school furniture, school apparatus, and all id. g 39. 
other school property pertaining to each school district, shall be 
vested in such district, and held by it as a corporation,, in pur- 
suance of section seventy-five preceding. 

PROPERTY DONATED TO PUBLIC SCHOOLS VESTED IN 
COUNTY SCHOOL BOARD. 

Donated to school districts vested in trustees of district. 

98. When real or personal property is, or has been, donated to Id g 40 . 
any county for the benefit of public free schools within its limits, J L ~S^[%& 
the same shall be vested in the county school board of the county, 

and the same shall be managed and applied by the said county 
school board ; and when given to a school district, shall be vested 
in the trustees of the said school district as a corporate body, and 
shall be managed and applied by the said school trustees of such 
district according to the wishes of the donor, under regulations 
prescribed by the county school board ; and in case of any change 
in the limits of the district, the county school board shall make 
provision for the continued fulfilment of the purposes of such 
donors as far as practicable. 



'O AUTHORIZE SCHOOL TRUSTEES TO PERMIT UN- 
USED AND UNOCCUPIED PUBLIC FREE SCHOOL- 
HOUSES 

To be occupied by teachers other than those employed by school 

trustees. 

99. That where in any school district the school-house belong- 
ing to the public free school of said district is unoccupied and 200, g i, p. 
unused for public free school purposes, because of want of school 
funds to employ a teacher therefor, it shall be lawful for the 
school trustees for the district in which said school-house is situ- 
ated to permit the same, under such regulations and rules as to 
them may seem proper, to be occupied and used for school pur- 
poses by any teacher, though not employed by said school board: 
provided, that such arrangement shall not in anywise interfere 
with or prevent said school-house being occupied and used at any 
time by said trustees for public free school purposes. 
8 



50 PUBLIC FREE SCHOOL LAW. 



SCHOOL-HOUSES AND FURNITURE, HOW PROVIDED. 

Appeal to board of reference from action of district board in fix- 
ing location of school-house; appeals in other cases to the board 
from action of district boards. 

1871-72, c too. The board of school trustees shall provide suitable school- 

370, ? 41, p. 

461. ^ houses with proper furniture and appliances in every school 

310, p. 392. district ; and to that end may hire, purchase, or build such houses 



65. C ' according to the exigencies of the district and the means at their 
78 ^Sf' p.' disposal: provided, that anyjive heads of families belonging to 
692 - the district, who may feel aggrieved by the action of the district 

board in fixing the location of a school-house on a particular spot, 
or in discontinuing a school, which they may have established by 
employing and paying a teacher in any house they may have pur- 
chased, hired, or occupied free of rent for the purposes of said 
school, shall be allowed to appeal from such action to a special 
board of reference, to be composed of the county superintendent 
as president, and any two trustees whom he may associate with 
him from any other district in the county, except the one con- 
cerned ; and on the written request of heads of families afore- 
said, addressed to the county superintendent, it shall be the duty 
of that officer, without unnecessary delay, to call a meeting of the 
board of reference at or near the disputed place or places, giving 
due notice to all parties concerned. And if, at the time and place 
appointed, the board of reference be present, the said board shall 
proceed to hear both sides of the case, to examine in person all 
competing locations, and to decide where the school-house in 
question shall stand; or, as the case may be, whether the school 
in question shall be continued as a public free school; which de- 
cision shall be final. This board shall have jurisdiction over all 
questions which shall be presented to its consideration by similar 
appeal concerning the action of the district board in respect to 
any subject on which the district board now has final power. Any 
action taken by this board of reference shall be duly recorded in 
the record book of the district board whose action is reviewed, 
and also in the book of the county superintendent of schools. 

CONDEMNATION OF LAND FOR SCHOOL-HOUSES. 

^59, "g 42.' p. ioi. If in the judgment of such school trustees the public in 
1874, c. 362, terests demand that a school-house be located on a particula 
Code 7 i873 c. spot, and no equitable arrangement for its purchase prove to be 
Jos ^ 54> P ' practicable, the board of trustees shall be authorized, and it shaH 



PUBLIC FREE SCHOOL LAW. 

its duty, to cause the desired parcel of land to be surveyed 
by the county or other competent surveyor, and a plat of the 
same to be filed together with a general statement of the case, 
with the clerk of the county court, and thereupon shall ensue the 
same proceedings as are prescribed to enable a company, county 
or town to take land without the owner's consent in section six 
to twenty-one inclusive, of chapter fifty-six of the Code of eigh- 
teen hundred and seventy-three, or in any amendment of the 
same or other law providing for the condemnation of lands for 
such purposes : provided, ithat no parcel of land thus condemned 
shall exceed forty square poles in a city, eighty square poles in an 
incorporated town, or five acres in the country; and provided 
also that no dwelling, yard, garden, or orchard, shall be invaded, 
nor in an unincorporated village any space within one hundred 
feet of a dwelling, nor in the country any space within four hun- 
dred yards of a mansion house without the consent of the owner; 
and provided further, that if the land condemned, lying in a 
county outside of a city or incorporated town, shall cease to be 
used for the purpose aforesaid for five years continuously, the 
title thereto shall revert to the original owner, his heirs or assigns. 

STYLE AND EXPENSE OF STRUCTURE OF SCHOOL 
HOUSES. 

102. In erecting or providing school-houses for public free 1869-70, c. 
schools, the utmost economy shall be observed consistent with 413' 
health and decency, and no house shall be erected without first 73, 55, p'. ' 
consulting with the county superintendent concerning the style of 693> 
the structure and the arrangements about the buildings and 
grounds. No public school shall be allowed in any building which 
is not in such condition and provided with such conveniences as 
are required by a due regard to decency and health ; and when a 
school house shall appear to the county superintendent of schools 
to be thus unfit for occupancy, it shall be his duty to condemn the 
same, and immediately to give notice thereof in writing to the 
chairman of the board of district school trustees, and thenceforth 
no public free school shall be held therein, nor shall any part of 
the state or county fund be applied to support any school in such 
house until the county superintendent shall certify in writing to 
the board of district school trustees that he is satisfied with the 
condition of such building and with the appliances pertaining 
thereto. 



52 PUBLIC FREE SCHOOL LAW. 

SCHOOL DISTRICT NOT ENTITLED TO FUNDS UNTIL 
PROVISION IS MADE FOR SCHOOL HOUSES, &c. 

id. 56. 103. No school district shall receive any part of the funds unless 

it has made provision for school houses, furniture, apparatus, text- 
books for indigent children, and all other means and appliances 
needful for the successful operation of the schools. 

When state funds to be paid for school purposes. 

id. 1 57. 104. No state money shall be paid for a public free school in any 

school district, until there is filed with the county superintendent 
a written statement, signed by the chairman and clerk of the 
board of district school trustees, testifying that the school has 
been kept in operation for five months during the current school 
year, or that arrangements have been made which will secure the 
keeping it in operation that length of time: provided, that in case 
of the unavoidable discontinuance of a school before the expira- 
tion of the time required, the Board of Education shall be allowed 
to relax the requirements of this section, and to decide the case 
on its merits. 

WHO ADMITTED TO PUBLIC SCHOOLS; PUPILS FROM 
CONTIGUOUS STATES. 

Pupils from adjoining districts; white and colored to be separate / 
who excluded. 

1869-70, c. 105. The public free schools shall be free to all persons between 
413'. P< the ages of five and twenty-one years, residing within the school 
1871-72, c. district ; and the school board of any district bordering on another 



' state : provided said state grants the same privilege to the state 
l877-78 8 'c ^ Virginia, may, in its discretion, admit into the schools, free of 
14. p. 10. tuition, persons of school age residing outside of the limits of the 

1881-82, c. 

40, p. 36. state, and near thereunto, if their parents or guardians pay taxes 
in the said school districts ; and the Board of Education shall have 
power, and it shall be its duty, to make regulations whereby the 
childen of one district may attend the schools in an adjoining 
district, either in or out of the county : provided that no school 
has been located and opened in the district in which the said 
children reside, and sufficiently near to attend the same, or if 
located and opened, that some unavoidable hindrance prevents 
their attendance ; and the cost of their tuition be drawn from the 
funds pertaining to the district wherein they reside : provided that 



PUBLIC FREE SCHOOL LAW. 53 

white and colored persons shall not be taught in the same school, 
but in separate schools, under the same general regulations as to 
management, usefulness, and efficiency ; and any violation of these 
regulations which will impair the efficiency of the schools, or any 
discrimination in the pay of teachers in the same grade of schools 
in any school district, shall be deemed sufficient cause for the re- 
moval of the county school superintendent by the Board of Edu- 
cation. It shall be lawful for boards of district school trustees, in 
their discretion, to admit as pupils into the public free schools of 
their respective districts, persons between the ages of twenty-one 
and twenty-five years, on the prepayment of tuition fees, under 
regulations to be made by the Board of Education : provided such 
admission of pupils over twenty-one years, does not, in the opin- 
ion of the district school trustees, impair the usefulness and effi- 
ciency of such school. 

Who to send children to any public free school in any town or 
county school district. 

106. It shall be lawful for any person who is a tax-payer and 1881-82, c. 
citizen of Virginia, owning real estate in any city, town, or county 232'. 
school district of the commonwealth, to send his children to any 
public free school in said city, town, county, or school district, 
subject to the laws regulating public free schools in said city, 

town, county, or school district, as though said tax-payer resided 
in said city, town, county, or school district. And any guardian 
who is a tax-payer for his ward or wards, as aforesaid, shall be 
entitled to the privileges above named for his ward or wards, if 
citizens of Virginia. 

NUMBER OF PUPILS REQUIRED TO FORM A SCHOOL. 

Regulations against contagious diseases ; vaccination. 

107. A minimum number of pupils, under regulations to be pre- i869-70.c. 
scribed by the Board of Education, shall be required in order to 414 ^ * 8 ' p< 
form a public free school," and special provisions shall be made ^g 1 ^ 3 ' ' 
whereby minorities in a district, who might, under the general 694 - 

law, be deprived of the benefits of free school education, may 
enjoy a proportionate share of the school funds. 

108. Persons suffering with contagious diseases shall be ex- 1871-72, c. 
. eluded from the public free schools while in that condition, and Ood*l878, 

the teachers shall require of the pupils cleanliness of person, and p. i^f 50 ' 6?1 
good behavior during their attendance at the school and on the 
way thither and back to their homes; and no pupils shall be 



54 PUBLIC FREE SCHOOL LAW. 

admitted unless they have been vaccinated: provided that the 
operation of this clause concerning vaccination may be suspended 
in whole or in part by the school board of any city or county. 

WHAT TO BE TAUGHT IN SCHOOLS; TEXT-BOOKS AND 
FURNITURE. 

1869-70, c. 109. In every public free school shall be taught orthography, 

59, p. 414, g 

50. reading, writing, arithmetic, grammar and geography, and no 

78, \ 61. ' p! other branches shall be introduced except as allowed by special 
695 ' regulations to be devised by the Board of Education. 

flow the higher branches are introduced. 

1874-75, c. no. *For the purpose of encouraging an intermediate grade 
of instruction between that of the common school and that.of 
the college, it shall be lawful for any district school board of 
Rockbridge county (or of any other county, the county school 
board of which may elect to avail themselves of the provisions of 
this act), to admit into any one of the public schools in their dis- 
trict instruction in any branches necessary to qualify pupils to 
become teachers in the public schools, or to enter with advantage 
any of the colleges or higher institutions of the state ; and for in- 
struction in any other branches than those provided for in the 
first clause of this section, the said board of trustees may require 
a fee to be paid, monthly or quarterly in advance, not exceeding 
two dollars and fifty cents per month for each pupil : provided, 

in. That the introduction of such higher branches in any school 
shall be first sanctioned by the county school board, and shall be 
discontinued whenever said board shall think advisable. 

112. That they shall not be allowed to interfere with regular 
and efficient instruction in the elementary English branches, and 
to secure this end in schools having but one teacher, not less than 
five hours each day shall be given exclusively to instruction in said 
elementary branches. 

113. That in schools having not less than forty pupils enrolled, 
with an average attendance of thirty, at least two teachers shall 
be employed, the whole time of one of whom shall be devoted to 
instruction in the elementary branches. 

1889-70, c. 114. Uniformity of text-books, and the furnishing of school 
51! P ' houses with such apparatus and library as may be necessary, shall 



* The date in the margin shows that this act was subsequent to the act included in 
the preceding section. The two acts are inconsistent on their face, and must be con- 
strued so as to carry out the intent of the later act. 






PUBLIC FREE SCHOOL LAW. 55 



be provided for on some gradual system by the Board of Educa- c de 1873, c. 

78, g 62, p. 

tion. 695. 






PREFERENCE TO BE GIVEN TO GRADED SCHOOLS. 



115. In all localities where the number of children is sufficient, 1871-72, c. 

108, g 52, p. 

preference shall be given, under suitable regulations, to graded 86. 

Code 1873, c. 

schools ; that is to say, to schools m which the pupils are taught 78, 2 63, p. 
in different rooms and by different teachers, according to advance- 695 ' 
ment the studies being the same as in the schools which have 
but one teacher. 

REGULATIONS AS TO NUMBER OF SCHOOLS IN STATE. 

116. The number of schools in the state shall be according to 1869-70, c. 
the funds available for the purpose, and they shall be distributed, 4u! 
under the direction of the Board of Education, amongst the ysfg 64, 'pi 
counties and cities, in proportion to the number of children be- 695> 
tween the ages of five and twenty-one years, resident in such 
counties and cities. 

117- It shall be the duty of the Board of Education to guard, by 1869-70, c. 
regulation, against so great a multiplication of schools, in proper- 414' ' p ' 
tion to the funds provided, as will tend to occasion a low grade of 
instruction in the public free schools. 

SCHOOL FUNDS ; LITERARY FUND ; OF WHAT TO CON- 
SIST. 

Board of Education to manage it ; auditor annually to set apart 
amount for school fund. 

118. There shall be and are hereby set apart as a permanent id. \ 56, 
and perpetual literary fund, the present literary funds of the state, 
the proceeds of all public lands donated by congress for public 
school purposes, of all escheated property, of all waste and unap- 
propriated lands, of all property accruing to the state by forfeiture, 
and all fines collected for offences committed against the state, 
donations made for the purpose, and such other sums as the gen- 
eral assembly may appropriate. The same shall be known by the 
name of The Literary Fund, and shall be invested and managed 
by the Board of Education, as prescribed in clause three of section 
seven of this act. The principal of the said fund shall always re- 
main unimpaired and entire, and the annual income arising there- 
from shall be and hereby is dedicated exclusively to the support 
and maintenance of public free schools in this state. It shall be 



56 PUBLIC FREE SCHOOL LAW. 

275 2 ~i?'253 the duty of the auditor of public accounts, annually, to pay over, 
Code is73, c. in money, according to the usual forms and general provisions of 
696 V ' law, all that portion of the annual revenue of the state which is set 

apart for public free school purposes. 

OF WHAT THE FUNDS FOR PUBLIC FREE SCHOOLS TO 
CONSIST. 

1869-70, c. 1 19. The funds applicable annually to the establishment, sup- 
Code 1873, c. port and maintenance of public free schools in this state, shall 

78, 67, p. 

696. consist of 

120. State funds, embracing the annual interest on the literary 
fund, a capitation tax of not exceeding one dollar per annum on 
every male citizen who has attained the age of twenty-one years, 
and such tax on property, not less than one mill nor more than 
five mills on the dollar, as the general assembly shall from time 
to time order to be levied. 

1871-72 c. I2I County funds, embracing such tax as shall be levied by the 

o4o, p. 44^1. 

Code 1873, c. board of supervisors in pursuance of section 74 of this act, fines 
96. and penalties imposed in pursuance of section 41 of the same, 

and donations, or the income arising therefrom in pursuance of 
section 49 hereof. 

I87l-72,c. 122. District funds, embracing such tax as shall be levied by the 
Code 1873, c. board of supervisors of the county for the purposes of the school 
96. ' district, in pursuance, of section 74 and clause eight of section 31 

of this act, fines and penalties imposed by section 41 of the same, 
and donations, or the income arising therefrom, in pursuance of 
1875-76, c. section 49 thereof; provided that no tax levied by any county for 
public free school purposes therein shall in any case exceed ten 
cents in the hundred dollars upon the assessed value of the tax- 
able property of any county, and no tax to be levied by any 
school district for public free school purposes therein shall ex- 
ceed ten cents upon the assessed value of the taxable property 
therein : provided, however, that it shall be lawful for the board 
of trustees of any school district, or the county school board of 
the county, to include in their annual estimates for such school 
districts, and for the board of supervisors of the county to include 
1872-73, c. in their levy for public free school purposes in said district, any 
Code P i873,c. amount, which, together with any county tax levied in such dis- 
696. ^ 67> P ' trict for the purposes of the public free schools of the county, 
shall not exceed twenty cents in the hundred dollars upon 
the taxable value of the property in said school district: pro- 
vided, however, that in the county of Alexandria, if three-fourths 
of those voting on the question vote affirmatively, any school 






PUBLIC FREE SCHOOL LAW. 57 

district may impose on itself a tax not exceeding fifty cents 
on the hundred dollars. Any excess of such levy for district 
school purposes, over five cents upon the hundred dollars of the 
taxable value of the property of such district, may be applied by 
the board of trustees thereof to the payment of the salaries 
of teachers therein. 

ESTIMATES OF AMOUNTS NEEDED FOR SCHOOL PUR- 
POSES, HOW AND WHEN TO BE MADE. 

To be submitted to board of supervisors ; board of supervisors to 
revise estimates and levy tax necessary. 

123. It shall be the duty of the county school board of each 1869-70, c. 
county, on or before the first Wednesday in November in each i870-7i,'c. 
year, to prepare and file with the president of such board, to be i87i-2, 3 c 9 ' 
by him submitted to the board of supervisors (of such county) S e P i873,'c. 
at their earliest meeting, an estimate of the aggregate amount of J^ 74) p - 
money, not in excess of the maximum prescribed in the third 

clause of section sixty-seven (as amended by an act of assembly 1876-77, c. 

* 243, p. 235. 

entitled an act to amend and reenact section sixty-seven, chapter 
seventy-eight, Code of eighteen hundred and seventy-three, ap- 
proved March seventeenth, eighteen hundred and seventy-six), 
which will be needed during the next scholastic year for the sup- 
port of the public free school system of the county. 

124. The county school board of each county shall, on or be- 
fore the first Wednesday in November in each year, after care- 
fully revising the said estimates of the district boards of trustees, 
submitted to such county board in accordance with the provisions 
of the eighth clause of the thirty-first section, prepare and file 
with the president thereof, to be by him laid before the board of 
supervisors of the county, separate estimates of the probable, 
proper, necessary and legal expenses of the public free schools in 
each school district of the county for the next scholastic year. 

125. It shall be the duty of the board of supervisors of each 
county, at a meeting which they are required to hold within ten 
days after they shall have been requested so to do by the presi- 
dent of the county school board, in such year, or at their first 
meeting after the said estimates shall have been submitted to said 
board of supervisors, to examine and revise the said estimates : 
provided, no money arising from such tax shall in any case be 
applied to the salaries of county superintendents of schools ; ex- 
cept that in Nelson county the salary of the superintendent may 
be increased, and paid out of the county or district free school 

9 



58 PUBLIC FREE SCHOOL LAW. 

funds, to an extent that may be deemed just and proper for extra 
duties imposed upon him on account of the Dawson school fund, 
if there be no power to pay for such extra duties out of the said 
Dawson school fund donated to said county. 

126. It shall be the duty of the said board of supervisors, after 
carefully considering said estimates, to levy a tax upon the pro- 
perty of the county, not exceeding the maximum prescribed in the 
third clause of section sixty-seven (as amended by an act entitled 
an act to amend and reenact section sixty-seven, chapter seventy- 
eight, Code of eighteen hundred and seventy-three, approved 
March seventeenth, eighteen hundred and seventy-six), sufficient 
to realize the amount recommended by the county school board 
in their estimates for county school purposes, or so much thereof 
as the board of supervisors may allow ; and to levy a tax upon the 
property of each school district for which an estimate shall have 
been furnished, not exceeding the rate aforesaid, sufficient to 
realize the amount recommended by the county school board for 
public free school purposes in such school district, or so much 
thereof as the board of supervisors may allow. 
1879-80, c. 127. It shall be lawful, and authority is hereby given to the su- 

106, p. 82. 

1881-82, c. pervisors of a county, to levy a tax on the roadway and track, de- 
pots, depot grounds and lots, station buildings, and other real 
estate of a railroad company, and its telegraph lines, whose line or 
lines pass through such county. Such tax shall be equal to the 
tax imposed upon other property for county and school purposes, 
and based upon the assessment per mile of the roadway and track 
made by the state for its purposes. 

SCHOOL TAXES; HOW ASSESSED AND COLLECTED. 
Duty of commissioners of revenue and auditor. 

1869-70, c. I2 8- All taxes imposed for public free school purposes, whether 
415! ' p ' by the state, or by or for any county, or by or for any school dis- 
Q^O^VQ' trict. shall be assessed at the same time, and in the same manner, 

olo, g oo, p. 

as are state and county taxes for ordinary purposes ; and in any 
county or district where such tax has been levied by the board of 
supervisors of the county, it shall be the duty of the commission- 
ers of the revenue therein to assess and enter such tax in the 
copies of their land and property books which they return to the 
treasurer of the county. 
1876-77, c. I2 g "Where two or more school districts are included in the 

i). 

same commissioner's district, it shall be the duty of the commis- 
sioners of the revenue, when they assess and enter the school tax 



PUBLIC FREE SCHOOL LAW. , 59 

in their land and property books, to keep separate the tax for 
each school district, indicating by name or number the district 
wherein the property is taxed. It shall be the duty of the auditor 
of public accounts to have the land and property books of the 
commissioners of the revenue prepared with three columns, one 
for entering the county school levies, one for entering the district 
school levies, and the third for entering the name or number of 
school district wherein the property is taxed. 

SCHOOL MONEYS ; HOW RECEIVED AND DISBURSED. 
County treasurer to collect taxes ; his duties and compensation. 

130. All school moneys to be disbursed in any county shall be 1871-72, c. 
received, kept and disbursed by the county treasurer thereof, sub- 443' * ' p ' 
ject to similar responsibility as in case of other funds by law com- 
mitted to him It shall be his duty also to receive and collect all 

taxes levied or ordered by the board of supervisors of his county 
for public free school purposes therein, at the same time and in 
the same manner, and subject to the same provisions, regulations, 
restrictions and penalties, as are or may be prescribed by law for 
the receipt or collection of county taxes and levies for other and 
ordinary purposes. He shall keep the district funds in separate 
accounts from those of the State and county ; but his books shall 
show whence and on what accounts the moneys were severally 
derived, and by what order, on what account, and to whom the 
disbursements were made. He shall make disbursements only in 
pursuance of an order or warrant, in writing, from the proper 
authority, in manner and form as in this act prescribed. For re- 
ceiving, collecting and disbursing taxes or levies imposed for and 
by counties or school districts, he shall be entitled to the same 
commissions and compensation allowed him by law for receiving, 
collecting and disbursing county taxes or levies, and for other 
ordinary purposes. His compensation for disbursing moneys 
apportioned to the county from the state funds, for public free 
school purposes, shall be a commission of not exceeding two per 
centum upon the amount thereof, to be fixed by the county school 
board. 

To pay to the public free schools the money set apart by the con- 
stitution and laws for their benefit. 

131. The auditor of public accounts, immediately upon receipt 1877-78. 
of the land and property books of the several commissioners of the 1881-82.' 



60 PUBLIC FREE SCHOOL LAW. 

revenue of the commonwealth, to make a calculation of the gross 
sum of all the funds applicable to public free school purposes for 
the ensuing year, of which amount he shall report ninety per cen- 
tum thereof to the Superintendent of Public Instruction as an 
approximate basis for distribution, whereupon said Superintendent 
of 'Public Instruction shall at once make out and furnish to the 
auditor of public accounts a distributive statement of the amounts 
due the several counties and corporations in the state upon this 
approximate basis. Upon receipt of such statement, the audi- 
tor of public accounts shall issue his warrant upon the treasurer 
of the state in favor of the superintendent of each county or cor- 
poration, for the amount which each county or corporation is 
entitled to receive under said statement, which warrant, when 
endorsed by said county or corporation superintendent to the 
treasurer of his county or corporation, as hereinafter provided by 
the second section of this act, shall be paid by the treasurer of the 
state, or shall be accepted from such county or corporation treas- 
urer as cash in all settlements for public revenue made by him 
with the auditor of public accounts, so far as paid by the warrants 
hereinafter provided for. 

132. The superintendent of schools of each county or corpo- 
ration shall, upon the receipt of such warrant, endorse the same 
to and deposit it with the treasurer of his county or corporation, 
taking his receipt therefor, who shall enter the same upon his 
books as a credit to said superintendent of schools. 

133. All warrants drawn by district school boards of trustees 
upon the public school fund of the state, as now provided by law, 
shall, if approved by the county or corporation superintendent, 
be taken up by him, and his own warrants issued therefor, which 
shall be paid by the treasurer of the county or corporation out of 
any state funds collected by him. The county or corporation 
superintendent may issue his warrants in such sums, not less than 
five dollars, in which case the warrant shall be for the amount due 
as will best suit the convenience of the payee ; but in no case 
shall he issue his warrants for an aggregate amount greater than 
the warrant received by him from the auditor of public accounts, 
nor shall the county or corporation treasurer pay any warrant 
upon the state fund unless issued by the superintendent of his 
county or corporation, nor an aggregate amount greater than 
the said superintendent has credit for. Any superintendent who 
shall issue warrants to an aggregate amount greater than is pro- 
vided by this section, and any treasurer who shall pay any warrant 
upon the state fund aforesaid in violation of this act, shall be 




Issued to 

For services rendered as Teacher 



in 



district, public free school No. , 
for . 



PUBLIC FREE SCHOOL LAW. 61 

guilty of a misdemeanor, and be fined not less than five hundred 
nor more than one thousand dollars. 

134. At the annual meeting in August in each year, the county 
school board shall compare the warrants issued by each district 
board with those issued by the county or corporation superintend- 
ent and report the result to the state superintendent of schools; 

135. The auditor of public accounts shall furnish to the several 
superintendents of schools blank warrants, as follows : 

Warrant No. . No. . 

Payable out of state funds. 

County of , , 188 . 

The treasurer of county 

will pay to or order 

dollars, services as teacher 

in district school 

No. , for which this shall be 

your voucher. 

This certificate shall be paid by the county treasurer on whom 
drawn, at its face value, in preference to other warrants, when 
Signed by 

"Superintendent of public free schools county. 

136. Should there be found, upon the collection of taxes, an 
amount greater than the approximate amount hereinbefore pro- 
vided, due to the public free schpols of the state for any one year, 
then the excess due the schools shall be distributed as now pro- 
vided by law, and nothing in this act shall be construed to inter- 
fere with the same. 

137. The auditor of public accounts is hereby directed and re- 
quired, on the first day of April, eighteen hundred and eighty-two, 
and each three months thereafter, to turn over to the second 
auditor the sum of twenty-five thousand dollars in currency out of 
the proceeds of the license taxes, and continue to make these 
quarterly payments without further order, demand, or requisition, 
until full payment shall have been made of all arrearages due 
from capitation and property taxes, and all other sources, by man- 
date of the constitution and laws made in pursuance thereof, for 
the support of the public free school system for the years eigh-' 
teen hundred and seventy-one, eighteen hundred and seventy- 
two, eighteen hundred and seventy-three, eighteen hundred and 
seventy-four, eighteen hundred and seventy-five, eighteen hun- 
dred and seventy-six, eighteen hundred and seventy-seven, eigh- 



62 PUBLIC FREE SCHOOL LAW. 

teen hundred and seventy-eight, eighteen hundred and seventy- 
nine, and eighteen hundred and eighty (with legal interest thereon 
computed from the end of each year without compounding), 
which when paid in as herein provided, shall be annually appro- 
priated amongst the several cities, counties and towns of the 
commonwealth as other school funds are appropriated and sup- 
plied. 

138. Chapter two hundred and forty-eight of the acts of assem- 
bly of eighteen hundred and seventy-seven-eight, and chapter 
one hundred and seventy-seven of the acts of assembly of eigh- 
teen hundred and seventy-eight-nine, be and the same are hereby 
repealed. 

To return to the public free schools a portion of the moneys 
diverted therefrom 

1881-82, 139. Whereas the Board of Public Works of Virginia, by con- 

tract dated February tenth, eighteen hundred and eighty-one, 
sold to U. L. Boyce and F. J. Kimball, acting for themselves and 
their associates, all the rights, title, and interest of the state of Vir- 
ginia in, or to, or against the Atlantic, Mississippi and Ohio rail- 
road company, by virtue of the covenant or mortgage executed 
by said company, dated December twenty-second, eighteen hun- 
dred and seventy, for the sum of five hundred thousand dollars, 
upon certain terms as to payment, and subject to the ratification 
of the general assembly ; and whereas afterwards, to-wit, on the 
tenth day of February, eighteen hundred and eighty-one, Clar- 
ence H. Clark, on behalf of himself and his associates, including 
said Boyce and Kimball, became the purchasers of the said At- 
lantic, Mississippi and Ohio railroad at a foreclosure sale thereof, 
made under decree of the ninth day of May, eighteen hundred 
and seventy-nine, in the United States circuit court for the 
eastern district of Virginia, in the cause of Frances Skiddy and 
others, trustees, vs. The Atlantic, Mississippi and Ohio rail- 
road company and others, therein pending, and said parties 
proceeded to reorganize said railroad company under the name 
of the Norfolk and Western railroad company, whereby and 
by virtue of sundry assignments, the benefits of said contract of 
February tenth, eighteen hundred and eighty-one, now enure 
and belong to said Norfolk and Western railroad company; 

and whereas by an act passed day of , eighteen 

hundred and eighty-two, the general assembly of Virginia has 
ratified and confirmed said contract, and allowed the Nor- 
folk and Western railroad company until the first day of March, 






PUBLIC FREE SCHOOL LAW. 63 




eighteen hundred and eighty-two, to complete the payment 
of said five hundred thousand dollars to the Board of Pub- 
Works of Virginia; and whereas out of the revenues as- 
ed for the years eighteen hundred and seventy to eighteen 
undred and seventy-nine, inclusive, a sum amounting to one 
illion five hundred and four thousand two hundred and forty- 
ve dollars and severity-seven cents, and dedicated by sections 
ven and eight of article eight of the constitution of Virginia, to 
the public free school fund, was diverted to other purposes prior 
to the year eighteen hundred and eighty, as appears by reference 
to Senate document number twelve, Senate Journal, and so forth, 
eighteen hundred and seventy-nine-eighty, whereof up to the 
present time the sum of two hundred and twenty-five thousand 
dollars due to the public free school fund, has been restored to 
said funds ; and whereas the general assembly conceives it to be 
its paramount duty, under the constitution, to restore to said pub- 
lic free school fund as speedily as possible, the amount so as 
aforesaid from it diverted ; therefore, 

140. Be it enacted by the general assembly, That whenever the 
said Norfolk and Western railroad company shall pay unto said 
Board of Public Works the sum of five hundred thousand dollars 
aforesaid, or any part thereof, it shall be the duty of the Board of 
Public Works to pay the sum of four hundred thousand dollars, 
part thereof into the treasury to the credit of the public free 
school fund, and subject to the draft of the State Board of Educa- 
tion, at the rate of one hundred thousand dollars per annum, 
to be expended by said Board for purposes of public education, 
and apportioned ratably among the school districts of this state 
as current revenues for similar purposes are apportioned. 

141. The remaining one hundred thousand dollars, of the sum 
so paid, shall be paid into the treasury on special deposit subject 
to the future action of the general assembly, the same being in- 
tended for the erection and maintenance of a normal school for 
colored teachers, to be hereafter established. 

HOW STATE FUNDS OTHER THAN THOSE PROVIDED 
FOR IN THE ACT APPROVED MARCH 6, 1882, ARE 
PLACED IN COUNTY TREASURY. 

Treasurer to notify county superintendent thereof. 

142. At the proper time each county superintendent of schools 1869-70, c. 
shall notify the county treasurer, "in writing, that the state money 4ie'. ' P ' 
apportioned to the county is ready for distribution, whereupon T 



64 PUBLIC FREE SCHOOL LAW. 

the county treasurer shall forthwith make requisition in due form 
upon the second auditor of the state for the amount specified ; and 
as soon as the money has been received into the county treasury, 
it shall be the duty of the treasurer to inform the county superin- 
tendent, in writing, of the fact. 

HOW MONEY FOR SCHOOL PURPOSES 

Other than those provided for in the act approved March 6, 1882, 
is drawn from county treasury. 

143. The methods of drawing school moneys from county treas- 
urers shall be as follows : 

Code 1873, c. 144. For the pay and allowances of the county superintendent 
698. ' P ' of schools, so far as the same is to come out of the county funds, 
a warrant therefor in writing shall be drawn, signed by the county 
superintendent himself, stating on its face the ground on which 
such pay or allowance is claimed, and verified by his own affi- 
davit ; but if the county treasurer has reason to doubt the validity 
of the claim, or any part of it, it shall be his duty to withhold pay- 
ment, and to state the ground of his doubts on the back of the 
warrant, and transmit the same to the Superintendent of Public 
Instruction, and finally to be governed by his instructions. But if 
the warrant be manifestly in accordance with the provisions of 
law the treasurer shall pay it. 

145. For the pay of public free school teachers, of the clerks of 
boards of district school trustees, the cost of providing school 
houses, and the appurtenances thereto, and the repairs thereof, 
school furniture and appliances, necessary text-books for children 
attending the public free schools, in cases where the parent or 
guardian is unable by reason of poverty to furnish them, and any 
other expense attending the public free school system, so far as 
the same is under the control or at the charge of the school dis- 
trict or its officers, it shall be necessary first to obtain from the 
board of school trustees of the district concerned an order ap- 
proving the claim, and directing it to be paid, which shall be duly 
recorded in the proceedings of the said board ; whereupon a war- 
rant in writing shall be drawn, signed by the chairman of the said 
board, and countersigned by the clerk thereof, payable to the 
order of the person entitled to receive such money, and stating on 
its face the purpose or service for which it is to be paid, and that 
such warrant is drawn in pursuance of an order of the board. 

* 

* Virtually repealed by the third clause of section 74; of ch. 243, Acts 1876-77. S. P. I. 






PUBLIC FREE SCHOOL LAW. 65 



TREASURER'S ACCOUNTS, HOW RENDERED AND 
EXAMINED. 



146. The treasurer of each county shall once a year, or oftener Code 1873, c. 
if required, render to the county superintendent an account of all 69 8. * ' p 
receipts and disbursements of school moneys which have passed 
through his hands during the year, and exhibit his vouchers for 
disbursements ; and the county superintendent, having examined 

the said accounts and vouchers, shall transmit the account to the 
Superintendent of Public Instruction, and report whether the 
vouchers are satisfactory. 

REPORT OF THE COUNTY TREASURER, WHEN TO BE 
MADE, WHAT TO CONTAIN. 

Reports of clerks of district boards ; delinqiiencies of officers, 
how noted. 

147. It shall be the duty of the treasurer of the county to fur- 1869-70, c. 

259 40, p 

nish for the use of the county board, at its annual meeting August 412! 
1-15 of each year, a full report, together with his vouchers and 73, \ 49, 'P. 
other official papers, which contain all accounts, evidences of pay- 187*1-72 c. 
ments, and other transactions pertaining to the receipt and dis- 107 > 8 iP- 83 - 
bursement of funds for public free school purposes during the 
year next preceding; and in like manner it shall be the duty of 
the clerks of all the district boards to lay before the county board 
at the annual meeting their official record and account books, 
vouchers, contracts, deeds, and all other official books and papers 
pertaining to the school business of the year just closed. Upon 
the examination of these records, accounts and other papers, 
should there appear to have been any delinquency or irregularity 
in the acts of any treasurer, district board of trustees, or of any 
officer or member thereof, it shall be the duty of the county school 
board to make a minute of the facts upon its records, and to take 
such other action as the case or cases may require. 

FINES FOR NEGLECT OF DUTY BY THESE OFFICERS; 
DUTY OF COUNTY SUPERINTENDENT. 

Who may remit fines. 

148. Should any county treasurer, or clerk of any district school 1871-72, c. 
board, fail to produce and lay before the county board his books 84. 

and papers, as required in the preceding section, it shall be the Jgf g 
duty of the clerk of the county board to enter upon the minutes 69L 
10 



66 PUBLIC FREE SCHOOL LAW. 

of that meeting a fine of five dollars against every such delin- 
quent treasurer or clerk, which amount shall be deducted from 
the pay or percentage of such officer. Moreover, it shall be the 
duty of the county superintendent, before sending his annual 
report to the Superintendent of Public Instruction, to visit and 
examine the books and papers of every such delinquent officer, 
and to make a special report thereon in connection with his 
annual report. It is hereby provided that the county board shall 
have power to remit the fine of five dollars on the presentation 
of good and sufficient reasons for so doing. 

SETTLEMENT OF OFFICERS' ACCOUNTS ; LEGAL PRO- 
CEEDINGS AGAINST THEM. 

Code 1873, c. 149. The county school board shall have power, and it is 
692. P hereby expressly made the duty of said board, in the event of 
any delinquency or irregularity in the acts of any treasurer, dis- 
trict board of trustees, or of any officer or member thereof, to 
take such steps and institute such legal proceedings as may be 
necessary and proper in order to secure a complete settlement of 
the accounts of such treasurer, board of trustees, or officer or 
member thereof, and a full and clear exhibit of the transactions 
of said officer or board in connection with the receipts and dis- 
bursements of any funds for public sjchool purposes, and to com- 
pel the payment over of any balance that may be in the hands of 
such treasurer, board of trustees, or officer or member thereof. 
The county school board shall have power, and it shall be the 
duty of said board to take such steps and institute such legal pro- 
ceedings as may be necessary and proper to secure a complete 
settlement of the accounts of any trustees to whom any funds or 
other property for the purposes of common school education 
shall have been entrusted, and to secure a full and proper admin- 
istration of the said trusts ; and to this end they may apply to 
the courts for the removal, for good cause shown, of the old 
trustees, and for the appointment of new trustees, either in place 
of those so removed, or to fill vacancies, and to institute such 
suits or action as may be necessary to compel the payment over 
of any balances in the hands of the old trustees so removed, or 
to correct any defect or irregularity whatever in the administra- 
tion of such trust fund or other property. It is hereby made the 
duty of the attorney for the commonwealth to act as attorney for 
the said county school board, and to institute such legal proceed- 
ings as the said board may think proper and necessary. 



PUBLIC FREE SCHOOL LAW. 67 



UNEXPENDED SCHOOL FUNDS, HOW DISPOSED OF. 

150. All sums of money derived from state funds, which are 1869-70, c. 
unexpended in any year in any public free school district, shall go 4^ ^ M ' p> 



into the general school fund of the state for redivision the next de 9 

78, g 75, p. 

year; and all sums derived from county or district funds, unex- 700. 
pended in any year, shall remain a part of the county or district 
funds respectively, for use the next year. But no sums derived 
from county or district funds shall be subject to redivision outside 
of the county or district respectively. 

Of sub-districts; embrace the area assigned to each school-house ; 
may include portions of two districts ; how formed; what 
pupils admitted to school; three school directors to be elected, 
and mode of their election; provision for expenses of school ; 
census to be taken of any territory added to old district; ap- 
portionment of money to conform thereto ; school directors to 
choose the teacher ; other duties of directors ; these provisions 

I not to interfere with authority and duties of county superin- 
tendent; Board of Education to give effect to this law ; which 
shall not apply in counties where disapproved by county school 
board ; act of February 5, 1875, repealed. 
151. In due time before the opening of schools in the next 1877-78, c. 
school year, it shall be the duty of each district school board to ' p< 
determine by specified boundaries what shall be the area to be at- 
tached to each school-house for whites, and to each school-house 
for blacks. These areas shall be called sub-districts, and their 
boundaries may be changed, from time to time, at the discretion 
of the district board. The sub-districts for the whites shall be 
numbered with cardinal numbers, and the sub-districts for the 
blacks shall be lettered with capital letters. A full record of the 
sub-districting shall be made in the record book of the district. 

152. Whenever it is found necessary for the convenience of the 
people, a sub-district may be made to include portions of two or 
more districts, or portions of two or more counties. Every sub- 
district thus formed shall be under the school board, on whose 
territory the school-house is situated. When it is desired to form 
a sub-district from parts of two or more districts in the same 
county, the matter shall be considered by the district school 
boards immediately concerned, and on their mutual agreement 
the boundary lines shall be established. But in case these boards 
fail to agree, either one of the parties may appeal to the board of 
reference provided in the act approved February i3th, 1877, and 



PUBLIC FREE SCHOOL LAW. 

entitled an act to amend and reenact an act entitled an act to pro- 
vide for appeals from the action of district school boards in cer- 
tain cases, approved March 3oth, 1875. In like manner, when it is 
desired to form a sub-district from districts belonging to different 
counties, the boundary lines may be established by the mutual 
agreement of the school boards immediately concerned. But in 
case these boards fail to agree, either party may appeal to a board 
of reference, to be composed of the two county superintendents, 
together with the chairman of some district school board not con- 
cerned, to be selected by these superintendents, and the decision 
of this special board shall be final as to the first establishment of 
the boundary lines, or as to any subsequent changes therein. Any 
doubtful question as to the location of the school-houses in such 
sub-districts, as are contemplated in this section, shall be decided 
in the same manner as the question of boundary lines. 

153. No children from beyond the limits of a sub-district shall 
be received into the school therein, except such as are included 
in some general order of the district board, or such as bring a 
special written permit issued by order of the district board, 
and signed by one of its officers. The district board may grant 
such permits not only to children residing in its own district, 
but to children from other districts, whose tuition is provided 
for by agreement with the school boards, from whose territory 
they come, and to any children from outside of the sub-district, 
whose tuition is paid for privately to the board : provided, that the 
privileges of children residing within the sub-district shall in no 
wise be interfered with injuriously by the admittance of other 
children. 

154. As soon as practicable after the laying off of the sub-dis- 
tricts, and annually thereafter, the district board shall, with due 
notice, appoint a meeting of all resident tax-payers and heads of 
families at some convenient place in each sub-district for the elec- 
tion of school directors, and for other purposes. Should any dis- 
trict school trustee be present at the meeting, he shall preside ; 
or, if more than one be present, the one holding an office, or the 
higher office in the board, shall preside. If no school officer be 
present, a chairman shall be chosen by a vote of the meeting in 
the ordinary way. The chairman shall appoint a secretary. It 
shall be the duty of the clerk of the district school board to fur- 
nish the meeting in question with a copy of this act (the same to 
be furnished to him by the Superintendent of Public Instruction), 
and such act shall either be read to the meeting, or the substance 
thereof explained to the same, by any district trustee who may be 
present. This being done, the secretary shall make a list of all 



PUBLIC FREE SCHOOL LAW. 69 

persons present who are entitled to vote. If it be ascertained that 
less than a majority of the persons entitled to vote are present, the 
meeting shall adjourn from time to time until at least one-fourth 
of the voters are in attendance. When it has been ascertained 
that the meeting is a lawful one, it shall then proceed to elect 
three persons residing in the district to serve as school directors, 
one of whom is to serve one year, one to serve for two years, and 
one for three years from the date of the meeting at which they 
are elected : provided, that at subsequent annual meetings, ex- 
piring terms shall be renewed by elections for three years. Va- 
cancies occurring between meetings may be filled by the remain- 
ing directors, and appointments thus made shall be valid until the 
next public meeting. It shall be the duty of the secretary of the 
meeting to make report to the district board of the names and 
terms of office of persons chosen as school directors, and also 
such other action as may be taken by the meeting. No compen- 
sation shall be allowed to any officer provided for in this act. No 
one shall be chosen a director who is unable to read and write. 
Should the people, in any case, fail to appoint directors, the dis- 
trict school board shall make the appointments. 

155. At the same meeting, or at an adjourned meeting, pro- 
vision shall be made by such method as may be agreed upon for 
the current contingent expenses of the contemplated school, in- 
cluding repairs, fuel, and such like, but not including teacher's 
salary, furniture and apparatus ; but no pupil shall be excluded 
from attendance upon the school by reason of the failure of his 
parent or guardian to contribute to these current expenses : pro- 
vided, that this section shall not prohibit the district school board 
from making contribution in whole or part for the supply of 
these wants, when for good reasons, and especially in cases of 
general poverty among the people, it seems proper to do so. 
Special meetings of the people may be called at any time by the 
chairman or secretary on the application of any five citizens 
residing in the district. 

156. In cases where sub- districts have been made to include 
territory which before belonged to other districts, either in or out 
of the county, it shall be the duty of the clerk of the board of 
district school trustees, as soon as may be after the sub-districting 
shall have been completed, and before any apportionment of 
school money shall have been made, to take a census, in the usual 
form, of the school population in any such addition of territory. 
One copy of such census shall be furnished to the board of trus- 
tees of the district to which the territory has been added, and 
another to the board of trustees of the district from which the 



70 PUBLIC FREE SCHOOL LAW. 

territory has been taken ; and after the correctness of the census 
shall have been established, due report thereof shall be made to 
the county superintendent, or superintendents, concerned, and 
also to the Superintendent of Public Instruction in cases where 
the school population of counties is affected ; and thereafter, all 
apportionments of school money shall be made in accordance 
with the results thus obtained. 

157. The teacher for each school district* shall be chosen by 
the school directors of that sub-district from among those licensed 
by the county superintendent, and when chosen, information 
thereof shall be communicated to the board of district school 
trustees, which shall in due time enter into contract with this 
teacher. The compensation of the teacher, so far as drawn from 
public funds, and also the time of opening and closing the school, 
shall remain under the control of the board of district school trus- 
tees : provided that this board shall, when practicable, adopt the 
system of opening every alternate school during the first five 
months, and the remaining schools during the second five months 
of the school year. 

158. The school directors shall collect and apply the contribu- 
tions provided for in the fifth clause of this section ; shall attend 
promptly to any repairs needed on or about the school-house; 
shall make known to the district boards the wants of the school 
in respect to furniture, apparatus, and other appliances, and shall 
do all in their oower to protect and improve the school property, 
and to render it comfortable, decent and attractive. They shall 
also support and counsel the teacher, and do what they can to 
secure justice and harmony among all concerned. They shall 
also do what they can to secure the enrolment and regular at- 
tendance of children at school, and to promote the appreciation 
and desire of education among the people. 

159. Should any violations of the school laws and regulations 
come to their knowledge, or any practical difficulties occur which 
they are unable to control, it shall be the duty of the directors to 
report the facts promptly to the district board of trustees, which 
board shall continue to have ultimate power and authority in all 
matters pertaining to the schools. Moreover, if the teacher or 
any parties residing in the sub-district shall feel aggrieved re- 
specting the acts of the directors, or any one of them, or by rea- 
son of the neglect of duty or improper conduct of any director^ 
such teacher, or other party concerned, shall be allowed to lodge 
formal complaint before the district board against such director 

* Evidently this means sub-district. S. P. I. 



PUBLIC FREE SCHOOL LAW. 

or directors, and if the district board shall deem the complaint of 
sufficient importance, it shall give due notice to both or all parties 
affected, and decide the complaint upon its merits, either by dis- 
missing it, or requiring some change of action, or, if it seem 
proper, by declaring vacant the office of the director or directors 
complained of: provided that to either party is hereby reserved 
the right of appeal from the action of the district board to the 
board of reference referred to in second clause of this section. 

160. This act shall not interfere with the duties and authority 
of the county superintendent in respect to teachers and schools 
as heretofore provided by law. Nor shall this act be considered 
as applicable to cities or towns set off as separate school districts, 
except that such separate town districts are hereby empowered to 
extend their lines beyond the corporate limits so as to embrace 
the children in the suburbs, when the school boards of the two 
districts affected shall agree upon the same, and in case of dis- 
ageement the matter shall be determined by appealing as herein- 
before provided ; and where new lines have been thus established, 
the apportionment of school money to the said districts shall be 
made to conform to such change. 

161. It shall be the duty of the Board of Education to make any 
regulations which may be needed for carrying out the provisions 
of this act. 

162. Except in the counties of Fairfax and Loudoun, this act 1878-79, c. 
shall not apply to counties in which the county school board shall, ' p ' 
after due consideration, adjudge its provisions to be unsuited to 

its county, and as calculated to impair the successful working of 
the public school system therein : provided further, that after trial 
of one year of the operation of this law in the said counties of 
Fairfax and Loudoun, the county school board of either county, 
or any twenty-five heads.pf familie^whose children have attended 
the public schools may, if in their judgment the operations of 
this law be deemed injurious to the interests of education, apply 
to the State Board of Education for relief, whereupon it shall be 
the duty of the State Board of Education to make all needful 
inquiry as to the facts in the case, and it shall have power, and it 
shall be its duty either to confirm the law in its operation, or to 
suspend its action in those counties, according as the said Board 
may deem best for the interests of the public education therein. 

163. The act approved February 5th, 1875, entitled an act 
authorizing the division of school districts into sub-districts, and 
to provide for the management of the public schools therein, is 
hereby repealed. 



UNIVERSITY OF VIRGINIA.* 



University f continued; visitors, when and how appointed. 

Code 1873, c. 164. The University of Virginia shall be continued, and the 
IB. c., p.' 90, visitors thereof shall be and remain a corporation, under the style 

c 34 2 2 8 9 

' of The Rector and Visitors of the University of Virginia. They 

shall be at all times subject to the control of the legislature. 
I88i-82,c.46 165. Be it enacted by the general assembly of Virginia, 
That the board of visitors of the University of Virginia shall 
consist of nine members. The term of office of said visitors shall 
be for four years, commencing the first day of May, eighteen 
hundred and eighty-two. 

1 66. That the offices of all the visitors of the University of 
Virginia be and the same are hereby declared vacant. 

167. That the governor, by and with the consent of the senate, 
shall, immediately upon the passage of this act, appoint a new 
board of visitors for the University of Virginia; three of whom 
shall be selected from the division of the state in which the insti- 
tution is situated, and two from each of the other grand divisions 
of the state. If a vacancy happen in the office of visitor, the 
senate not being in session, the governor shall fill the same for 
the unexpired term. 

n 

*In 1817-18 (p. 11 to 15) an act was passed providing for a university as soon as a site 
should be fixed; it appropriated $15,000 a year for defraying the expenses of procuring 
the land and erecting buildings, and for its permanent endowment. There was also 
passed on the 25th January, 1819, an act for establishing an university. Acts 1818-19, 
c. 19, p. 15 ; 1 R. C., p. 90, c. 34. Temporary laws relative to it, since the first edition, are 
acts authorizing the rector and visitors to borrow $25,000 to erect a new building, (Acts 
1852, p. 28, c. 31) ; $25,000 appropriated to repair buildings and furnish a supply of water, 
(1853-4, p. 26, c. 36) ; and the acts since the edition of 1860 are referred to in the margin, 
or in the notes to this chapter in the present edition. By Acts 1872-3, c. 64, p. 42 to 45, 
the society of the alumni of the University was incorporated. 

f By act of April 25, 1867, Acts 1866-7, c. 93, p. 898, $500 were appropriated for com- 
pleting the work of raising and placing in position the statue of Thomas Jefferson. By 
act of March 29th, 1873, Acts 1872-3, c. 285, p. 260, the balance remaining on hand of the 
appropriation for the erection of the statue of Jefferson is appropriated to the publication 
of the address of Hugh Blair Grigsby, delivered on the occasion of the inauguration of 
the statue at the University. 



UNIVERSITY OF VIRGINIA. 73 

1 68. The said board of visitors shall meet at the University at 
least once a year, and at such other times as they shall determine; 
the days of meeting to be fixed by the board. Special meetings 
may be called by the rector or any three members of the board. 
Notice of the time of meeting shall be given by the secretary to 
every member of the board. Five members shall constitute a 
quorum for the transaction of business. 

How office of visitor vacated and vacancy filled. 

169. If any visitor fail to perform the duties of his office for one 1852, p. 29, c. 
year, without sufficient cause shown to the board, the said board 1822-3, p. 12, 
shall, at their next meeting after the end of such year, cause the c ' 

fact of such failure to be recorded in the minutes of their pro- 
ceedings, and certify the same to the governor, and the office of 
'such visitor shall be thereupon vacant. If so many of such visi- 
tors fail to perform their duties that a quorum thereof do not 
attend for a year, upon a certificate thereof being made to the 
governor by the rector, or any member of the board, or by the 
chairman of the faculty, the offices of all the visitors so failing to 
attend shall be vacant. 

Rector and other officers; when and where board to meet. 

170. The board of visitors shall appoint from their own body a i R. c.,p.90, 
rector, or in his absence, a president pro tempore, who shall pre- 18-27-8, p. 14, 
side at their meetings. They shall also appoint a secretary to the ' 
board. 

Duties of the board; expenses of visitors paid. 

171. The said board shall be charged with the care and pre- iu.c.,p.9i- 
servation of all the property belonging to the University. They ' 



shall appoint as many professors as they deem proper, and, with * 92- 
the assent of two-thirds of the whole number of the visitors, may 
remove any professor. They may prescribe the duties of each 
professor, and the course and mode of instruction. They may 
appoint a bursar and proctor, and employ any other agents or 
servants, regulate the government and discipline of the students, 
and the renting of the hotels and dormitories, and generally, in 
respect to the government and management of the University, 
make such regulations as they may deem expedient, not being 
contrary to law. To enable the rector and visitors of the Univer- 1857-8, p. lie 
sity to procure a supply of water for the University, they shall ' 
have authority to acquire such springs, lands and rights of way 
11 



UNIVERSITY OF VIRGINIA. 

as may be necessary, according to the provisions of chapter 
fifty-six* 

Id ' 172. They shall examine into the progress of the students in 

each year, and shall give to those who excel in any branch of 
learning such honorary testimonials of approbation as they deem 
proper. 

173- Such reasonable expenses as the visitors may incur in the 
discharge of their duties shall be paid out of the funds of the 
University. 

When annual report to be made, and what to contain. 

1822-3, p. 12, 174. They shall, before the first of October annually, deliver to 
1855-6, p. si, the second auditor a report to the general assembly, of the pro- 
Code 1873, c. gress of the University, and its receipts and disbursements during 
57, 44-5. ^g y ear ending on the first day of July preceding, with the amount- 

of salary received by each professor, including fees received from 

the students. 
Code 1873, c. ^5. Each professor shall receive a stated salary, and also such 

80, & 10. 

1875-76, c. additional compensation out of the fees of tuition and other reve- 

120 p 126 

1876-77, c.' nues of the University as the visitors may from time to time 
direct. He shall also have assigned to him by the board, one of 
the pavilions at the University, or other suitable residence (or 
commutation therefor), and such other accommodations as the 
said board may prescribe. 

WHAT BRANCHES OF LEARNING TO BE TAUGHT. 

1 B.C., p. 19. 176. The following branches oT learning shall be taught at the 
University that is to say: the Latin, Greek, Hebrew, French, 
Spanish, Italian, German, and Anglo-Saxon languages; the dif- 
ferent branches of mathematics, pure and physical; natural 
philosophy, chemistry, mineralogy, including geology ; the princi- 
ples of agriculture ; botany, anatomy, surgery and medicine ; 
zoology, history, idiology; general grammar, ethics, rhetoric, and 
belles lettres; civil government, political economy, the law of 
nature and nations, and municipal law. 

Board of visitors authorized to issue bonds to discharge their 
floating debt and maturing obligations ; security therefor. 

1874-75, c. 177. The rector and board of visitors of the University of Vir- 
ginia are hereby authorized, at any meeting at which a majority 

* See Code of 1873, c. 56, from 6 to 22 inclusive. 



UNIVERSITY OP VIRGINIA. 75 

of said visitors shall be present, to issue bonds of the said corpo- 
ration, either registered or with coupons, for interest, or in part of 
the one class and in part of the other, convertible from one class 
into the other at the pleasure of the holder, in sums of one 
hundred dollars, or any multiple thereof, to run not more than 
thirty years, bearing interest at a rate not exceeding eight per 
centum per annum, such interest to be payable at such place as 
the board of visitors shall designate. 

178. The amount of the loan hereby contemplated shall not 
exceed the sum of ninety-five thousand dollars, and the proceeds 
thereof shall be applied exclusively to the redemption of the 
existing debt of the University. 

179. For the purpose of securing the payment of the said bonds 
the rector and board of visitors of the University are hereby 
authorized to convey, by deed of trust, all the real estate belong- 
ing to or held for the said University, and also by said deed to 
pledge the annual appropriations made to the University, subject 
to any previous pledge of said appropriation which has been 
heretofore made. 

Annuity to University payable out of Treasury. 

180. There shall be paid annually out of the public treasury 1875-76, c. 
thirty thousand dollars for the support of the University of Vir- C - 102 >P- 110 - 
ginia, which shall be payable out of any money in the treasury 

not otherwise appropriated ; but this annuity is on condition that 
the said institution during its continuance, shall educate all 
students of the state of Virginia, over the age of eighteen; who 
shall be matriculated under rules and regulations prescribed by 
the board of visitors, without charge for tuition in the academic 
department, consisting of the following schools, to wit : the schools 
of Greek, Latin, history and literature, moral philosophy, modern 
languages, natural philosophy, natural history and agriculture, 
general and industrial chemistry, and pure mathematics : pro- 
vided, that no person shall be admitted as a student, free of 
charge for tuition fees under the provisions of this act, unless the 
faculty shall be satisfied by actual examination of the applicant, or 
by a certificate of some college or preparatory school, that he has 
made such proficiency in the branches of study which he proposes 
to pursue as will enable him to avail himself of the advantages 
afforded by this University. 

181. Out of the said appropriation of thirty thousand dollars, all 
necessary repairs, and the interest on the existing debt, shall first 



T6 UNIVERSITY OF VIRGINIA. 

be paid, and a sinking fund of one thousand dollars per annum 
shall be established and placed under the control of the board of 
visitors, to be annually applied to the liquidation of the principal. 

Bequests to the University legalized ; hozv to be invested and 

applied. 

1872-3, c.i2i 182. Any person may deposit in the treasury of this state, or 
bequeath money, stocks or public bonds of any kind to be so 
deposited, or grant, devise or bequeath property, real or personal, 
to be sold and the proceeds to be so deposited, in sums not less 
than one hundred dollars, which shall be invested in certificates 
of debt of the state of Virginia, or the United States, or any 
other state thereof, for the benefit of the University of Virginia ; 
and in such case the interest or dividends accruing on such stocks, 
certificates of debt or bonds, shall be paid to the rector and 
visitors of the University, to be by them appropriated to the general 
purposes thereof, unless some particular appropriation shall have 
been designated by the donor or testator, as hereinafter provided. 

id. 2 - 183. If any particular purpose or object connected with the 

University be specified by the donor at the time of such deposit, 
by writing filed in the treasurer's office (which may also be 
recorded in the clerk's office of the county court of Albemarle 
county, as a deed for land is recorded), or in the will of such tes- 
tator, then the interest, income and profits of such fund shall be 
appropriated to such purpose and object, and none other ; or, if 
the donor or testator shall so direct in such writing or will, the 
interest accruing on such fund shall be reinvested by the treasurer 
of the commonwealth every six months, in the manner prescribed 
in the first section of this act, and the interest thereon be, from 
time to time, reinvested in like manner for such period as such 
writing or will shall prescribe, not exceeding thirty years; and at 
the expiration of the time so prescribed, or of thirty years, which* 
ever shall happen first, the fund, with its accumulations, shall be 
paid over to the rector and visitors of the University, or the inter- 
est, income and profits thereafter accruing upon the aggregate 
fund shall be paid to them as the same shall accrue, according as 
the one or the other disposition shall be directed by such writing 
or will, and in either case the same shall be appropriated and 
employed according to the provisions of such writing or will, and 
not otherwise ; and the rector and visitors of the University shall 
annually render to the general assembly an account of the dis- 
bursement of any funds so derived. 



UNIVERSITY OF VIRGINIA. 77 

184. Such donations shall be irrevocable by the donor or his id. 3. 
representatives ; but if the authorities of the University, within one 
year after being notified thereof (which it shall be the duty of the 
treasurer to do immediately upon the making of such deposit 
with him), shall give notice in writing to the treasurer that they 
decline to receive the benefit of such deposit, the same, with what- 
ever interest and profits may have accrued thereon, shall there- 
upon be held subject to the order of such donor or his legal rep- 
resentatives ; and if at any time the object for which such dona- 
tion or deposit is intended, by the legal destruction of the Uni- 
versity, or by any other means, shall fail, so that the purpose of 

the gift, bequest or devise shall be permanently frustrated, the 
whole fund, principal and interest, then unexpended, as it shall 
then be, shall revert to and be vested in the said donor or his 
legal representatives. 

185. If the donor shall, in such writing filed as aforesaid, id. 4 
reserve to himself or to any other person the power to nominate 

to any professorship, scholarship or other place or appointment in 
the University, or to do any other act connected therewith, and he 
or such other person shall fail at any time for six months to make 
such nomination in writing, or to do such other act, the board of 
visitors may proceed to make such appointment or to do such act 
at their discretion. 

186. The state of Virginia is hereby constituted the trustee for id. g 5. 
the safe keeping and due application of all funds which may be 
deposited in the treasury in pursuance of this act. The treasurer 

and the sureties in his official bond shall be liable for the money 
or other funds deposited as herein provided, and separate accounts 
of each such deposit shall be kept by the accounting officers of 
the state in the same manner as of other public funds. 

Colleges and academies ; visitors or trustees to make reports. 

187. The visitors, trustees, or other body having the government i829-30,p.3S 
of any college or academy established in this state, shall annually, 183-2-3, P 3 'i3, 
before the first day of October, make a report to the second Jjahl p 254 
auditor, showing the condition of such college or academy, the J^J- 
state of its funds, the amount of its revenue, and the sources c. 4. 
whence derived, its accommodations for and the number of its c. is, g9. 
teachers and pupils, its fees of tuition, and the branches of learn- 
ing taught in the institution.* 

* By act passed February 25, 1854, the Medical College of Virginia at Richmond was 
incorporated. After the first board of visitors, when vacancies occur, the governor sup- 
plies the same, selecting the visitors from each of the grand divisions of the state. The 



-78 UNIVERSITY OF VIRGINIA. 

Id. 188. If no such report is made from any college or academy 

which receives any portion of the revenue of the literary fund, or 
to which any loan has been made out of the said fund, the second 
auditor shall withhold (until the report is made) the payment of 

Code 1873, c. such portion of the literary fund, or proceed to enforce payment 

57, 45. 

of the said loan. 

Payment of interest on state stock to colleges and seminaries of 

learning. 

189. The second auditor is hereby authorized and directed to 
draw upon the public treasury, in favor of the proper authorities 
of any incorporated college or other institution or seminary of 
learning, academies or manual labor school in this state, or the 
trustees may hold obligations of this state for any such college, or 
other institution or seminary of learning, academies, or manual 
labor school, or any department thereof, for all interest which has 
accrued, or which may hereafter accrue, and as the same may fall 
due, upon all obligations of the commonwealth, or the James 
River and Kanawha company guaranteed by the commonwealth, 
held by or for said college or other institution or seminary of 
learning, academies, or manual labor school, or to which they 
may have been entitled on the first day of January, eighteen hun- 
dred and eighty-two, so long as they may continue to hold the 
same : provided no interest shall be paid upon any bonds, the 
payment of which is forbidden by the constitution. 



visitors and the faculty are required to make an annual report to the second auditor, 
such as is required by this section. Acts 1853-4, p. 26, c. 37. All such reports are re- 
quired to be made on or before the 1st of October annually. See Code 1873, c. 57, \ 44, 45. 
The word " October " in this section has been substituted for the word " November." 
The act of 1859-60 appropriates $30,000 for the purpose of enlarging the hospital or in- 
firmary, for extending the college buildings, and for improvement and extension of the 
college museum ; but the appropriation is not to take effect until the college shall con- 
vey all its property to the literary fund, by deed to be prepared by the attorney-general 
and approved by the governor. Acts 1859-60, p. 104. By act passed February 26, 1866, 
(Acts 1865-6, c. 331, p. 438), the sum of fifteen hundred dollars was appropriated for re- 
pairs and insurance of the public buildings belonging to the college, an'd for replacing 
apparatus destroyed by the troops of the United States. 

By act of 1865-6, c. 130, p. 224, amended by act of 1871-2, c. 69, p. 48, the land scrip 
donated by congress to the state was directed to be sold and the proceeds, by a subse- 
quent act, (1871-2, c. 234, p. 312), were appropriated in the proportion of one-third to the 
Hampton Normal and Agricultural Institute, in the county of Elizabeth City, and the 
remaining two-thirds to the Virginia Agricultural and Mechanical College at Blacksburg, 
in. the county of Montgomery. These acts are inserted in chapter 77, Code of 1873. 

In 1871-2 an act was passed to incorporate Jefferson College, in the county of Giles; 
required to report its condition to the Board of Education. Acts 1871-2. c. 180, p. 240. 
See also act to incorporate Norwood College. Acts 1871-2, c. 208, p. 270. 



UNIVERSITY OF VIRGINIA. 79 

igo. The provisions of this act shall apply to the obligations of 
the state known as the Dawson fund, held by the literary fund in 
trust for educational purposes ; and also to the dividends on the 
stock of the old James River company, due and payable, or which 
may hereafter become due and payable by the commonwealth to 
such college, or other institution or seminary of learning, and held 
as set forth in the first section. 

Scholarships ; how established. 

191. The board of visitors of the Virginia Military Institute,* and 1847-8, p.19, 
the visitors or trustees of the University of Virginia, and the col- 
leges of William and Mary,f .Hampden Sydney,! Washington, $ 
Randolph Macon,|| Henry and Emory, and Richmond, may re- 
spectively establish scholarships in such institute, university and 
colleges, under such regulations as they may prescribe.^ 



* The laws relating to this institution are to be found in Code 1873, c. 31. Those re- 
lating to the University of Virginia, in chapter 80, 1 to 14 inclusive. By an act passed 
April 16, 1870, (Acts 1869-70, c. 51, p. 62,) the annuity to the institute for the year 1870 
was made payable in advance. 'A similar act was passed in 1871 (Acts 1870-71, c. 300, 
p. 394). 

fin 1660-61 it was directed that land be obtained for a college (Hen. Stat., vol. 1, p. 25, 
c. 20), and that a petition be drawn up to the king for letters patent to gather the 
charity of people in England (Id., p. 30, c. 35). The governor, council of state, and 
burgesses severally subscribed considerable sums of money and quantities of tobacco; 
and it was ordered that the commissioners of the county courts subscribe, and that they 
and the vestries of the parishes take the subscriptions of others. Id., 37. Under a 
charter, bearing date the 8th of February, in the fourth year of the reign of William 
and Mary, the college was established by this name, near the church then standing in 
Middle plantation old fields 3 Hen. Stat., 122, c. 3. Other acts were afterwards passed 
for the better support of the college. Id., p. 123, c. 4; vol. 4, p. 74, c. 3; p. 148, c. 1, g 20; 
p. 432-3, c. 15, 9, 10 ; vol. 5, p. 236, c. 9 ; p. 317, c. 1, g 18 ; vol. 6, p. 91, c. 35 ; vol 7, p. 
285, c. 13, g 2; vol. 8, p. 335, c. 6 Under its charter, the college had a representative in 
the general assembly. Id., vol. 7, p. 529, c. 1, g 27; vol. 8, p. 317, c. 1, g 24. It was 
deprived of this in 1776 by the operation of the constitution. Id., vol. 9, p. 55, c. 4, g 4; 
note, p. 114, art. 5. After the revolution there was vested in it the land adjoining Wil- 
liamsburg, called the palace lands, and some other property not required for public 
uses, (Id., vol. 11, p. 406, c. 34, g 3); and for some time there was appropriated to it a 
sixth part of 'the surveyor's fees (Id., p. 310 c. 4, g 1). The reservation to the college of 
a part of the surveyor's fees, as well as that of certain counties in favor of Eandolph 
Academy, was struck out at the revisal of 1819 ; see 1 R. C., p. 324, note recited. The 
charter of the college is recited in the case of Bracken v. The College, 3 Call, 673, 1 Call, 
161 ; a case involving the power of the visitors to change the schools and put down pro- 
fessorships. 

$ The college of Hampden Sydney was incorporated by an act of May. 1783. See 11 
Hen. Stat., 272, c. 28, and 1 Munf. 324. 

By an act approved February 4, 1871, (Acts 1870-71, c. 64, p. 60 to 62,) the charter of 
Washington College was modified, and the name thereof changed to Washington and 
Lee University. See also Acts 1865-6, c. 323, p. 433 to 435. 



80 UNIVERSITY OF VIRGINIA. 

Funds therefor to be invested; donations irrevocable ; donor's 
right to nominate pupils. 

1847-8, p. 19, 192. Whenever any persons shall deposit in the treasury of the 
state, or bequeath money to be so deposited, or devise or be- 
queath property to be sold, and the proceeds so deposited, for the 
benefit of such institute, university, colleges and academy, to such 
an amount that the interest thereof will be sufficient to educate and 
maintain thereat one or more cadets or students, the said fund 
shall be invested in state stock in the name and for the benefit of 

id. 2, 3. such institution. Such donation shall be irrevocable, but the 
donor or his heirs, or their guardian, if they be under twenty-one 
years of age, shall have the right to nominate and place in such 
institution one or more cadets or students, according to the regu- 
lations aforesaid. 

Provision, if donor fail to nominate. 

193. If such donor or his heirs, or such guardian, shall fail for 
one year to nominate as aforesaid, the said board of visitors or 
trustees may appropriate the income of the said fund to the edu- 
cation and maintenance of indigent cadets or students, to be 
selected by them from the state at large. 

How society of alumni may provide a scholarship. 

id. 4. 194. The society of alumni of any institution aforesaid may pro- 

vide for and maintain a scholarship therein, by annual contribu- 
tions, under such regulations as may be prescribed as aforesaid. 

|| By act approved March 29, 1871, (Acts 1870-71, c. 224, p. 326,) the sum of $110.16 was 
refunded to Randolph Macou College for taxes illegally assessed upon the college pro- 
perty. 

^[The words "Bethany and Rector, and the Northwestern Academy in Harrison 
county," are omitted. These institutions are now located in West Virginia. 



VIRGINIA MILITARY INSTITUTE: 



Name of school ; Us annuity for support. 

195. The military school established in the county of Rock- Code of 1873, 
bridge, near the town of Lexington, shall be continued under the 1815-16, p! 

32, c. 16. 
- 1825-6, p. 7 r 

* An act of the 8th of February, 1816 (Acts 1815-16, p. 32, c. 16), required the execu- J^ 1T c 
tive to select and purchase three proper situations for arsenals; one on the western side 20. 
of the Alleghany, and two on the eastern side thereof, above the city of Richmond, and * 8 ^~ 2 J P' 21 * 
to have buildings erected for the preservation of the arms and fortifications for the de- 1846-7, p. 18, 

fence of the arsenals. The executive had a discretion as to which should be built first ; ^U'c IK 

1847-8, p. 15 r 
and that first erected was to be supplied with certain arms and guards before another c. 15. 

was commenced. See act in Code of 1819, p. 93, c. 35, for regulating the militia, con- J^g^gV ' 
tained in g 103 to 113, and the act of February, 1816. Under those acts the Lexington 417'. 
arsenal was established. Further provision on the subject was made by the acts of 1823- ^I " 7 ^'QQ' 
4, p. 34, c. 31, 1, 2, 4 ; 1826-7, p. 10, c. 6, g 1, 6 ; 1827-8, p. 10, c. 9 ; and 1834-5, p. 21, c. 1871-2, c. 386 
21, 1 to 4. By the act of 1828, so much of the previous acts as provided for erecting any ^' 
arsenal, not heretofore erected, was repealed. 

On the 22d of March, 1836, an act was passed (Sess. Acts 1835-6, p. 12, c. 12) for re-or- 
ganizing the Lexington arsenal and establishing a military school in connection with 
Washington College. This act was amended by that of 1836-7, p. 20, c. 22. And the 
two acts were amended and reduced into one by that of 1839, p. 17, c. 20 ; which has 
since been amended by the acts of 1840-41, p. 55, c. 28 ; 1841-2, p. 21, c. 24; Id., p. 22, c. 
26; 1S44-5, p. 17, c. 19, g 1. 

On the 8th of March, 1850 (see Acts 1849-5U, p. 16, c. 19), an appropriation was made 
for the erection of a new barracks for the cadets ; and by act of 29th May, 1852, this act 
was repealed, and $30,000 was appropriated for this purpose. An additional appropria- 
tion was made for the same purpose on the 1st March, 1854; Acts 1853-4, p. 31, c. 42; 
and by act of March 31, 1858 (see Acts 1857-8, p. 115, c. 162), $25,00 more were appropri- 
ated to complete these buildings, enclose the grounds, and procure a supply of water for 
the institute. 

The act of 1859-60, p. 103, c. 7, contains a preamble, reciting "that the present build- 
ings at the said institute are insufficient for the purposes of the school as a military or- 
ganization, and that additional appropriations are absolutely required to provide addi- 
tional accommodations for cadets and for the support of the school, and that the corps of 
cadets in the course of their regular military education may readily be employed to pre- 
pare such munitions of war as may be demanded by the wants of the state; " and appro- 
priates 520,000 " for the erection of such additional buildings as may in the judgment of 
the board of visitors be demanded for giving effect to the purposes of the act; the 
amount to be drawn in two annual payments : one-half in 1860, and the other half in 
1861, upon the order of the board of visitors." The act took effect on the 28th of 
March, I860. 

By joint resolution adopted on the 8th of March, 1856, the governor was authorized to 

12 



82 VIRGINIA MILITARY INSTITUTE. 

name of "The Virginia Military Institute," and for the support of 
the said school the sum of fifteen thousand dollars shall be an- 
nually paid out of the public treasury." * 

Board of visitors ; their meetings ; vacancies supplied; their pay. 

1881-82^0. 196. The board of visitors of the Virginia Military Institute 
is hereby declared vacant. And the governor, by and with 
the consent of the senate, immediately upon the passage of this 
act, shall appoint a new board of visitors for the institute, 
which shall consist of nine members, three of whom shall be 
selected from the division of the state in which the institute is 
situated, and two from each of the other three grand divisions of 
the state. The term of office for the board of visitors shall be 
four years, commencing March first, eighteen hundred and eighty- 
two. Five members of said board shall constitute a quorum. 
They shall be and are hereby declared to be a corporation, and 
as such may sue and be sued for any cause or matter which has 
heretofore arisen, as well as for any cause or matter which may 
hereafter arise. 

197. The board of visitors appointed under this act shall meet 
at the institute on the twenty-fifth day of June, eighteen hundred 
and eighty-two, or as soon thereafter as practicable, and proceed 
to reorganize said institute as the board may deem right and 

contract with Wm. J. Hubard for a bronze cast of Houdon's statue of Washington, to be 
placed at the institute, and ten thousand dollars was appropriated therefor. This statue 
has been erected. 1855-6, p. 291, Res No. 12. 

In 1861, Acts 1861, c. 36, p. 58, an act was passed appropriating the sum of one thou- 
sand dollars, or so much thereof as may be necessary, to be applied, under the direction 
of the governor, for the removal of the remains of General Harry Lee from the cemetery 
of P. M. Nightingale, Esq., in the Island of Cumberland, Georgia, to the public grounds 
of the Lexington Military Institute, and for erecting over them a suitable monument. 

* This section has been altered It read in the edition of 1860, "the sum of seven 
thousand seven hundred and ten dollars shall be annually paid out of the public 
treasury, and in addition thereto fifteen hundred dollars shall be annually paid out 
of the surplus revenue of the literary fund, as directed by the fourth section of the 
seventy-ninth chapter," and by the 13th section the additional sum of five thousand 
seven hundred and ninety dollars is appropriated annually, which makes the sum of 
fifteen thousand dollars. That latter amount is omitted in the 13th section. By act 
of 1869-70, c. 259, g 67, p. 417, the 79th chapter is repealed, and consequently the 
appropriation of the fifteen hundred dollars, contained in the fourth section, is also 
repealed. In consequence of this, an appropriation of fifteen thousand dollars has 
been regularly inserted into the annual appropriation law, which thus restores the 
amount now inserted into the section. See Acts 1870-71, c. 307, p. 403 ; 1871-2, c 386, 
p. 487. There have been several acts passed providing for the advance payment of 
the annuity to the institute for several years, but these laws are omitted as tempo- 
rary. Acts 1869-70, c. 51, p. 62 ; 1870-71, c. 300, p. 394. 



VIRGINIA MILITARY INSTITUTE. 83 

proper. They shall fix the salaries of the professors and officers, 
and may remove at will any officer who shall be appointed under 
this act for good and sufficient cause ; but no order to remove a 
professor shall be made without the concurrence therein of a 
majority of the whole number of visitors; and the board shall 
forthwith communicate to the governor a full statement of the 
reasons on which the removal was made. 

198. The board, after the first meeting under this act, shall meet 
at the institution, or other places than the institute, when in their 
opinion it shall be necessary to do so. A meeting shall be held 
annually at such time as may be designated for their annual meet- 
ing in their last resolution on the subject. A meeting may also be 
called at any time by the adjutant-general or superintendent of 
the institute, when either may deem it advisable. And the board 
may adjourn from time to time. 

199.. Any vacancy in the board of visitors shall be communi- 
cated by the adjutant-general to the governor, who shall forthwith 
supply the same. 

200. Such reasonable expenses as the visitors may incur in the 
discharge of their duties shall be allowed by the governor and 
paid by warrant on the treasury. 

% 

Power to make by-laws. 

201. The board may make by-laws and regulations, not incon- 
sistent with the laws of the state, for their own government and 
the management of the affairs of the institution, and may, for the 
purpose of transacting such business as in its opinion can be 
properly transacted by a less number than the majority, author- 
ize not less than four members to constitute a quorum. 

The arsenal and Us grounds vested in institute. 

202. The arsenal and all its grounds and buildings shall be con- 
sidered as belonging to the institution, and the board shall cause 
the same, and all the arms and other property therein, or belong- 
ing thereto, to be guarded and preserved. 

Power to borrow money and secure its payment. 

203. Whereas the library, apparatus, and most of the buildings 1869-70, c. 
of the Virginia Military Institute were destroyed by fire in the \^^j^' Q 
year eighteen hundred and sixty-four; and whereas, the authori- P- 9 - 

ties of said institute, for the purpose of restoring said loss, have 
contracted a debt which will soon become payable ; and whereas, 



84 



VIRGINIA MILITARY INSTITUTE. 



1875-76, c. 
139, p. 146. 



1874-75, c. 
9, p. 9. 



it is desirable, so as not to impede the operations of the said in- 
stitute, that the payment of the said debt should be deferred, 
therefore the said Virginia Military Institute, by its board of visit- 
ors, is hereby authorized to borrow a sum not exceeding sixty 
thousand dollars, and issue certificates of indebtedness therefor ; 
said certificates being in sums of one hundred dollars, or any 
multiple thereof, payable to bearer, redeemable in twenty years, 
or in not less than five years, at the pleasure of the board of 
visitors, and bearing interest not exceeding eight per centum per 
annum : provided, that the amount realized from said bonds be 
used and appropriated solely to the reduction of the existing 
debt, which has been contracted in pursuance of law, of the 
Virginia Military Institute 

For the relief of the Virginia Military Institute. 

204. The treasurer of the commonwealth of Virginia shall pay to 
the superintendent of the Virginia Military Institute the sum of 
ten thousand dollars, annually, on or before the first day of July 
of each year, for the period of six years from the passage of this 
act, out of any moneys in the treasury not otherwise appropri- 
ated : provided, however, that upon the payment of each of the 
said several sums, the superintendent of the Virginia Military 
Institute shall deliver to the commissioners of the sinking fund 
the bonds of the Virginia Military Institute, for said several sums 
as they may be paid to him, bearing six per centum interest paya- 
ble annually, and secured by mortgage upon the lands and build- 
ings of the Virginia Military Institute, and made payable twenty- 
five years from their respective dates the said bonds to be placed 
to the credit of the sinking fund, and the annual interest, as paid, 
to be invested by the said commissioners as they are now required 
by law to invest receipts on account of said fund: provided, 
further, that if the claim now before the congress of the United 
States for compensation for damages by the federal army in the 
year 1864, be allowed, the money now asked for shall be returned 
with interest. 

205. The title to all property now held by the commonwealth, 
for the purposes of the said Virginia Military Institute, shall be 
and is hereby vested in the corporation known as the Virginia 
Military Institute for the purposes only of this act. 

206. For the purpose of securing the payment of the bonds 
herein authorized to be issued, it shall be lawful for the said Vir- 
ginia Military Institute to convey, by trust deed, mortgage, or in 



VIRGINIA MILITARY INSTITUTE. 85 

such other manner as the board of visitors may prescribe, all the 
real estate held by or vested in said corporations. 

Amount to be expended annually for repairs. 

207. They may expend, annually, a sum not exceeding five 
hundred dollars, in erecting, altering or repairing buildings, so 
as to have such as may be suitable, and proper for the military 

school. 

Treasurer of the institute ; his annual report. 

208. The board shall, annually, appoint a treasurer, who shall 1839, p. 18, c. 
give bond, with sufficient sureties, in the penalty of fifteen thou- 1840-41, p. 6fl 
sand dollars, payable to the commonwealth, conditioned for the 
performance of the duties of his office, which bond being ap- 
proved by the board and entered at large on its journal, shall be 
transmitted to the auditor of public accounts, and remained filed 

in his office. 

209. The treasurer shall, annually, on or before the first day of 
October in each year, make a detailed report of his accounts to 
the Board of Education, to be by them reported to the general 
assembly. The board of visitors shall cause a careful examina- 
tion of his accounts, and a full settlement thereof to be made at 
least once a year.* 

How professors are appointed and removed; their salaries. 

210. The board of visitors shall appoint professors to give in- 1839, p. 18, c. 
struction in military science, and in such other branches of knowl- 
edge as they may deem proper. 

GOVERNOR TO COMMISSION THE OFFICERS OF THE 
VIRGINIA MILITARY INSTITUTE. 

211. The officers of the Virginia Military Institute shall consti- 
tute a part of the military organization of the state, subject to 
orders of the governor ; and the governor is authorized and di- 
rected to issue commissions to the professors, assistant professors, 
and other officers, according to the rank prescribed by the regula- 
tions of the Virginia Military Institute. Such commissions shall 
confer no rank in the militia, nor entitle any person holding the 
same to any pay or emolument by reason thereof. 

* The word "education" has been inserted in lieu of the words "literary fund," be- 
cause the board of the literary fund has been abolished by the repeal of the 79th chapter 
of the Code of 1860, and the Board of Education has been invested with its powers and 
rights. Acts 1869-70, c. 259, 1 67, p. 417, and same chapter, 1, p. 402. 



86 VIRGINIA MILITARY INSTITUTE. 



ADMISSION OF PAY AND STATE CADETS; THEIR NUM- 
BER, INSTRUCTION, AND SERVICE. 

id ; 212. They shall prescribe the terms upon which cadets may be 

96, p. 151.' admitted, their number, the course of their instruction, the nature 

p. 108.' of their service, and the duration thereof, which shall not be less 

than two nor more than five years. All so admitted shall make 

full compensation, except such as are provided for in the following 

section. 

1859-60, p. 213. The board of visitors shall admit as state cadets, free of 
1839, p. is, c. charge for board and tuition, upon evidence of fair moral char- 
1859-60, p. acter, not less than fifty young men, in lieu of the number now 
108> c< 7 ' ^ 2 ' required, who shall be not less than sixteen nor more than 
twenty-five years of age ; one of whom shall be selected from 
each of the senatorial districts as at present constituted. When- 
ever a vacancy has occurred, or is likely to occur, due notice of 
the time and place of making the appointment to supply the 
vacancy shall be given. If, after such notice, no suitable person 
shall apply from any district, the vacancy may be supplied from 
the state at large.f 

Power to make arrangement with Washington and Lee University. 

1839, p. 18, c. 214. The board may enter into arrangement with the trustees 

1870-71, c. of Washington and Lee University, by which the cadets at the 

>p ' ' military school and the students at the University may respectively 

be admitted to the advantages of instruction provided at either 

place.! 

How commissioned officer of the militia may become a student. 

Id. 4. 215. Any commissioned officer of the militia of this state may 

become a student at the institute for a period of time not exceed- 
ing ten months, and receive instruction in any or all the depart- 
ments of military science taught therein, without being required 
to pay any fee or charge for tuition. 

j-The words "and for the purpose of providing a fund for the support of the state 
cadets herein required to be admitted, the additional sum of five thousand seven hundred 
and ninety dollars is hereby appropriated annually ; and the auditor of public accounts 
is hereby authorized and required to issue his warrant or warrants on the treasury for 
the same, in the manner that other warrants to the said institute have been heretofore 
issued," have been omitted for the reason given in the note to section 195. See note 
to \ 195. 

J The words "Washington and Lee University" have been substituted for "Washington 
College," the name of the college having been changed. Acts 1870-71, c. 64, p. 61. 



VIRGINIA MILITARY INSTITUTE. 8T 



Cadets to be guards of institute. 

216. The cadets shall be a military corps under the command id. 2, 
of the superintendent, and constitute the guard of the institution. 

Duty of superintendent as to arms ; annual report to adjutant- 

general. 

217. The superintendent shall from time to time inspect the ^ 
arms at the arsenal; cause the same to be kept safe and clean ; 
give receipt for such arms as may be brought there to be de- 
posited, and obey such orders for the delivery of arms therefrom 
as he may receive from the governor, as directed by the twenty- 
fifth chapter. 

218. The superintendent shall annually, by the first day of Octo- 1844-6, p. 17, 
tober, make a return to the adjutant-general, showing the names c ' '^ ' 
and number of the officers and cadets at the institute, distin- 
guishing those between the ages of eighteen and forty-five, and 
showing also the public arms, ordnance, equipments and accoutre- 
ments at the arsenal, and under the charge of the said corps. 

How degree of graduate is conferred. 

219. The governor of the state and the board of visitors and i84i-2,p. 22, 
faculty of the institute may confer the degree of graduate upon ' 26 ' 

any cadet found qualified to receive it, after examination upon all 
the branches of the arts and sciences and of literature taught at 
the institute. 

OBLIGATION OF CADET TO ACT AS TEACHER. 

220. Every cadet who, since the eighth day of March, eighteen Id p 2 i, c . 
hundred and forty-two, has been or hereafter shall be received on 24 2 2 - 
state account, and shall have remained in the institution during 

the period of two years or more, shall act in the capacity of 
teacher in some school within this state for two years after leaving 
the institution, unless excused by the board of visitors ; but this 
section shall not be construed so as to deprive such cadet of any 
of the compensation which he may be able to obtain for teaching. 

Annual inspection and report of visitors. 

221. The board of visitors shall annually inspect the public 1839, p. is, c. 
arms and other property at the arsenal, and make a report of 2 '^ 2> 
their condition, and of the condition of the school, to the governor, 

to be by him laid before the general assembly. 



88 VIRGINIA MILITARY INSTITUTE. 



How musicians are enlisted and paid* 

222. The superintendent may enlist musicians for service on 
that post, to be paid out of the annual appropriation heretofore 
provided. 

Power to condemn lands and springs. 

id. p. 499, c. 223. To enable the Virginia Military Institute to procure a supply 

291 ' of water for the institute, it shall have the authority to acquire 

such springs, lands and rights of way as may be necessary, 

according to the provisions of chapter fifty-six of this edition 

of the Code. 

* The 22d and 23d sections of this chapter, Code of 1860, have been omitted because 
the 22d section is repealed by Acts 1866-7, p. 795, c. 27. It provided for bestowing mili- 
tary commissions upon the officers of the institute. And the 23d section, relative to the 
enlistment in the public guard of a sergeant to serve as ordnance and quartermaster- 
sergeant at the institute, and to be allowed the same pay as other soldiers of the guard 
are paid, cannot be executed because the public guard has been abolished. 



THE INSTITUTION FOR THE DEAF AND 
DUMB AND THE BLIND.* 



Institution incorporated ; its powers. 

224. The asylum established "for the education of the deaf and code of 1873 
dumb, and of the blind," by the act of the thirty-first day of J^ 1 . P-^ 1 *' 
March, one thousand eight hundred and thirty-eight, shall be I Q j * 6, 7. 
continued, and the visitors thereof shall be a corporation by the No. 4. 
name of The Institution for the Deaf and Dumb and the Blind, 

and be invested with all the rights and powers now vested in the 
corporation created by the said act, and be subject to the control 
of the general assembly. 

Appointment of visitors ; their term of office ; president of board. 

225. The governor shall annually apoint seven persons as vis- i838,p. 3i,c. 
itors of said institution, who shall be a board for the government 19) 2 1 - 
thereof. Their term of service shall commence on the first Mon- 
day in January in each year, and may continue until their suc- 
cessors shall be appointed. If any vacancy happen in the office 

of visitor, the governor shall fill it. 

226. The board shall appoint one of the visitors as their pres- Id ^ 2 
ident, and in case of his absence a president pro tempore. They 
shall also appoint a secretary. 

Duties of board ; removal of a professor. 

227. The board shall be charged with the erection, preservation 
and repair of the buildings of the institution, and the care of its 
property, and shall direct and do, or cause to be done by officers, 
professors and agents appointed by them, all things necessary or 
expedient for promoting the objects of the institution, not incon- 
sistent with law. But for the removal of any professor the assent 
of two-thirds of all the visitors shall be necessary. 



* In Acts 1870-71, c. 198, p. 288, a joint resolution was adopted, asking congress to 
aid by an appropriation in the establishment of the American printing house for the 
blind and the American University for the blind. 

13 



90 



DEAF AND DUMB AND BLIND INSTITUTE. 



Annual and special meetings. 

id. 5. 228. The board shall have one annual meeting, and such inter- 

mediate meetings as they shall prescribe; the time and place 
of meeting to be fixed by them. A special meeting may be 
called at any time by the president or any three members of the 
board, notice of the time and place of such meeting being given 
to the other members. 



Fiscal year ; annual report to second auditor. 

1846-7, p. 17, 229. Each fiscal year of said institution shall end on the thir- 
241, resoin- P> tieth day of September, to which time the accounts of the institu- 
' tion shall be made up, and the said board shall annually, before 



I9,codei873. the first day of October, deliver to the second auditor a report to 
the general assembly, showing the condition of the institution 
and its receipts and disbursements for the said year. 



1828, p. 31, 

1878-79, c. 
244, p. 203. 



Schools for deaf and for blind; how pupils selected. 

230. There shall be in said institution one school for education 
of deaf mutes, and another for the education of the blind. The 
pupils of each ^shall be selected as the visitors shall prescribe, 
among such persons as are unable to pay for their maintenance 
and support, to the extent of the means of the institution, and 
also from other persons, residents of this state, on such terms for 
their maintenance and support as may be agreed upon. But 
hereafter there shall be no charge for the education of pupils. 



1878-79, c. 
61, p. 333. 



Arbitrators authorized, 

231. If the president and directors of a company incorporated 
for work of internal improvement, the court of a county, or the 
council of a town, the directors of the Deaf and Dumb and 
Blind Institution, of the Western Lunatic Asylum, of the Eastern 
Lunatic Asylum, and Central Lunatic Asylum, cannot agree on 
the terms of purchase with those entitled to lands wanted for the 
purposes of the company, county, town, institution, or asylums 
aforesaid, five disinterested freeholders shall be appointed by the 
court of the county or corporation in which the land, or the 
greater part thereof, shall lie (any three of whom may act), for 
the purpose of ascertaining a just compensation for such lands. 



DEAF AND DUMB AND BLIND INSTITUTE. 91 



Annual appropriation for the institution. 
232. There is hereby appropriated* out of the public treasury, 1869-70, c. 

425 p. 674, 

annually, thirty-five thousand dollars for the support of said insti- 
tution, to be paid quarterly, on the orders of the board of visitors 
thereof, attested by their secretary and countersigned by the 
president. 

* Additional temporary appropriations have been made at different times: To pay for 
furniture and for arrears in support account, $6.000. Acts 1849-50, p. 4, c. 1, g 1. To 
complete buildings, $2,500. Acts 1850-51, p. 5, c. 2, 1. To purchase a library, phil- 
osophical apparatus and organ, $2,000. Acts 1852, p. 29, c. 35. Annuity increased from 
$15,000 to $20,000 for heating, lighting, &c., the same, $10,000 Acts 1852-53, p. 25, c. 9, 
g 1. Same amount of $10,000 for the next year, for same purposes and for an additional 
building. Id , p. 126, c. 145, 2. For supplying institution with water, $10,000. Acts 
1853-54, p. 30, c. 41. Addition of $2,000 for heating and lighting. Acts 1853-54, p. 9, 
c. 3, 1. To complete heating the buildings by steam and to meet deficiency in support 
fund $5,580.06, to purchase fire engine and erect engine house 81,000, for organ $1,500, 
for fencing the grounds $1,000, to supply deficiency on account of chapel, steam and 
gas fund $2,841. Acts 1855-56, p. 80, c. 93. Annuity increased $5,000 for the years 
1857, 1858 and 1859, out of the first years appropriation, $1,500 to be applied to purchase 
musical instruments for the blind department Acts 1857-58, p. 118, c. 169, 170. Annuity 
permanently increased, making it $25,000. Acts 1859-60, c. 12 and c. 5, p. 84, g 1, and 
for the erection of a shop building to warm and light the same with steam and gas 
$7,000. Acts 1859-60, c. 12, p. 106. The payments to the institution for support are to 
be made one-fourth in advance on the first of October, one-half on ^he first of January, 
(if the visitors or directors so require), and the remaining one-fourth on the first day 
of April. Acts 1859-60, p. 86, c. 5, g 3. In 1866-67, c. 105, p. 560, an appropriation was 
made of $15,000 for restoring, repairing and refitting the institution ; and in 1869-70, c. 
68, p. 73, an appropriation of an additional $15,000 to supply deficiency in previous 
appropriation. 



VIRGINIA AGRICULTURAL AND MECHAN- 
ICAL COLLEGE. 



Donation of public lands made by the government of the United 
States to this state, accepted. 

1863-64 (Ai- 2 33- Whereas, it is provided by an act of congress, approved 
!^ and " a )> c - July second, eighteen hundred and sixty-two, that certain dona- 
Code of 1873, tions of public lands (to be appropriated to the endowment, sup- 

c. 77, p. 672. 

port and maintenance of colleges for the benefit of agriculture 
and mechanic arts) shall be made to such states and territories as 
shall signify their acceptance of their proportions, respectively, of 
said donations, and of the conditions and provisions of said act : 
therefore, the donation of public lands proffered to the common- 
wealth of Virginia by the act of congress of July second, eighteen 
hundred and sixty-two, with the conditions and provisions there- 
in prescribed, the same is hereby accepted ; and the auditor 
1869-70, c. 25 of public accounts, under the direction of the governor, is hereby 
directed and empowered to apply for and receive from the gov- 
ernment of the United States the land scrip to which the State of 
Virginia will be entitled under the said act of congress, and that 
he hold the same subject to further order of the general assembly. 

BOARD OF EDUCATION AUTHORIZED TO SELL THE 
LAND SCRIP. 

1865-6, c. 130 2 34- The Board of Education is hereby authorized to sell, 
i87i-2~ 5 c 69 m *- ne nianner that shall seem to them most advantageous, the 
IST^-S c 193 ^ anc * scr *P donated to the State of Virginia, by act of congress 
p. 179.. of the United States, approved July second, eighteen hundred 
and sixty-two, and the acts amendatory thereof; and with the 
proceeds of such sale, which have not been heretofore invested, 
the said Board shall purchase bonds of the State of Virginia, 
issued since July the first, eighteen hundred and seventy-one, or 
bonds of the United States, or any other safe bonds or stocks, not 
bearing less than five per centum interest, and shall set the same 
apart, and constitute them into an educational fund, for the en- 
dowment, support and maintenance of one or more schools, in 
accordance with the provisions of said act of congress. 



VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 93 



Interest on proceeds of land scrip, how appropriated. 

235. The annual interest accruing from the proceeds of the land 1871-2, c.234 
scrip donated to the state of Virginia, by act of congress of July 
second, eighteen hundred and sixty-two, and the acts amendatory 
thereof, shall be appropriated as follows, and on the conditions 
hereinafter named; that is say, one-third thereof to the Hampton 
Normal and Agricultural Institute, in the county of Elizabeth City, 

and two-thirds thereof to the * Preston and Olin Institute, in the 
county of Montgomery, f 

Conditions upon the grant of the annuity to the Preston and Olin 
Institute; name changed to the Virginia Agricultural and Me- 
chanical College. 

236. The said annuity to the Preston and Olin Institute shall be id. 2. 
on these express conditions : 

237. The name of the said institute shall be changed to the Vir- 
ginia Agricultural and Mechanical College. 

238. The trustees of the said institute shall transfer, by deed or 
other proper conveyance, the land, buildings, and other property 
of said institute, to the Virginia Agricultural and Mechanical Col- 
lege. 

239. The county of Montgomery shall appropriate twenty thou- 
sand dollars, to be expended in the erection of additional build- 
ings, or in the purchase of a farm for the use of the said college. 

240. A number of students equal to twice the number of mem- 1877-78, c. 

V5Q p. 238. 

bers of the House of Delegates, to be apportioned in the same 
manner, shall have the privilege of attending said college without 
charge for tuition, use of laboratories, or public buildings, to be 
selected by the school trustees of the respective counties, cities, 
and election districts for said delegates, with reference to the 
highest proficiency and good character, from the white male stu- 
dents to the free schools of their respective counties, cities, and 
election districts, or, in their discretion, from others than those 
attending said free schools. 

241. If at any time the said annuity should be withdrawn from 
the said Virginia Agricultural and Mechanical College, located at 



*Name changed in section 237. 

f By joint resolution, it is provided that the interest on state bonds held by the Board 
of Education, purchased with the proceeds of the congressional land scrip, shall be paid 
as the same is paid to other colleges see Acts 1872-3, c. 50, p. 31 not exceeding one 
year's interest. 



94 VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 

Blacksburg, in the county of Montgomery, the property, real and 
personal, conveyed and appropriated to its use and benefit by the 
trustees of the Preston and Olin Institute, and by the county of 
Montgomery, shall revert to the said trustees and to the said 
county, respectively, from which it was conveyed and appropriated. 

What to be taught at college. 

1871-2, c. 242. The curriculum of the Virginia Agricultural and Mechani- 
3.' ' cal College shall embrace such branches of learning as relate to 

agriculture and the mechanic arts, without excluding other scien- 
tific and classical studies, and including military tactics. 

Students, how to be selected ; and their term at college. 

id. 24. 243. The said students, privileged to attend said college with- 

out charge for tuition, use of laboratories, or public buildings, 
shall be selected as soon as may be after the establishment of the 
said school, and each second year thereafter: provided, that on 
the recommendation of the faculty of the said college for more 
than ordinary diligence and proficiency, any student may be re- 
turned by the said trustees for a longer period. 

Visitors, how and when appointed; their term of office. 

1871-2, c. 234 244. All the offices of all the members of the present board 
1872-3, c. 60, of visitors of the Virginia Agricultural and Mechanical Col- 
Code'i873, c. lege at Blacksburg, shall be vacated on the fourth day of June, 
1874,' c! 3 io5J eighteen hundred and eighty, and their successors shall be 
appointed in the manner hereinafter provided. It shall be the 
duty f the governor, as soon as practicable after the passage 
241, p. 236. of this act and prior to the close of the present session of the 
general assembly, by and with the advice and consent of the 
senate, to appoint a new board of visitors, whose terms of 
office shall commence on the fourth day of June, eighteen 
hundred and eighty, and to consist of eight persons, four of 
whom to be designated as the first class, shall continue in office 
until the first day of January, eighteen hundred and eighty-two ; 
four to be designated as the second class, shall continue in office 
until the first day of January, eighteen hundred and eighty-four, 
and on the first day of January, eighteen hundred and eighty-two, 
or as soon thereafter as practicable, and biennially thereafter to 
appoint four persons to fill the vacancies in said board, who shall 
continue in office four years, or until the appointment and accept- 
ance of their successors. If a vacancy shall at any time occur in 
the office of visitor, the governor shall fill the same for the unex- 



VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 95 

pired term thereof subject to the ratification of the Senate at the 
next session thereof. The Superintendent of Public Instruction 
shall be ex-officio member of the board of visitors of the Virginia 
Agricultural and Mechanical College, and of the board of curators 
of the Hampton Normal and Agricultural Institute ; and the per- 
sons so appointed shall be distributed as nearly equally as practi- 
cable between the four grand divisions of the state. 

Office of visitor, how vacated and refilled. 

245. If any visitor fail to perform the duties of his office for one 1872-3, c. 60, 

'6 6. 

year, without good cause shown to the board, the said board shall, 
at the next meeting after the end of such year, cause the fact of 
such failure to be recorded in the minutes of their proceedings, 
and certify the same to the governor, and the office of such visitor 
shall thereupon be vacant. If so many of such visitors fail to per- 
form their duties that a quorum thereof do not attend for a year, 
upon a certificate thereof being made to the goyernor by the rec- 
tor or any member of the board, or by the chairman of the 
faculty, the offices of all the visitors failing to attend shall be va- 
cant. 

Rector, president pro tempore, and clerk of board. 

246. The board of visitors shall appoint from their own body a id. 37. 
rector, who (or, in his absence, a president pro tempore) shall pre- 
side at their meetings. They shall also appoint a clerk to the 
board. 

Meetings of board. 

247. The said board shall meet at Blacksburg, in the county of id. 8. 
Montgomery, at least once a year, and at such other times or 
place as they shall determine, the days of meeting to bfe fixed by 
them. Special meetings of the board may be called by the 
governor, the rector, or any three members. In either of said 
cases, notice of the time and place of meeting shall be given to 
every other member. 

Duties of board; president and prof essors of college; agents and 
servants ; pay of visitors. 



248. The board shall be charged with the care and preservation ISTQ-SO, 



of the property of the college. They shall appoint as many pro- 241 ' p ' 6 ' 
fessors as they may deem proper, and with the assent of two- 
thirds of their members, may at any time remove any professor 
or other officer of the college. It shall be the duty of said board, 



96 VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 

at a special meeting thereof to be held on the seventh day of 
June, eighteen hundred and eighty, or as soon thereafter as practi- 
cable, to remove from office such of the officers of the college as 
they may deem proper, said removals to take effect on the twelfth 
day of August, eighteen hundred and eighty, and said board shall 
proceed at once or as soon as practicable, to reorganize the Vir- 
ginia Agricultural and Mechanical College by filling the several 
and various vacancies so made, or as many of them as they may 
deem proper ; said appointments to take effect on the twelfth day 
of August, eighteen hundred and eighty. They shall prescribe 
the duties of each professor, and the course and the mode of in- 
struction ; they shall appoint a president of the college, and may 
employ such agents or servants as may be necessary ; shall regu- 
late the government and discipline of the students, and generally, 
in respect to the government of the college, may make such regu- 
lations as they may deem expedient, not contrary to law. Such 
reasonable expenses as the visitors may incur in the discharge of 
their duties shall be paid out of the funds of the college. 

PAY AND FEES OF PROFESSORS. 

1872-3, c. 60, 249. Each professor shall receive a stated salary, to be fixed by 
the boards of visitors ; and the board shall fix the fees to be 
charged for tuition of students other than those allowed under 
this act to attend the college free of tuition, which shall be a credit 
to the fund of the college. 

Property to be valued and transferred to visitors, 

id. \ 11. 250. The trustees of said college shall transfer to the said board 

of visitors, the real estate and buildings, and such other property 
as they design to be used under this act, with an estimated valua- 
tion thereof; and if, in the opinion of the visitors, such valuation 
should be unjust, appraisers shall be selected and agreed upon 
by the visitors and the trustees, who shall fix such valuation. 

Lands for experimental farms. 

id. gi2. 251. A portion of said fund, not exceeding ten per centum of 

the proportion assigned to the Agricultural and Mechanical Col- 
lege, and the Hampton Normal and Agricultural Institute, may be 
expended, in the discretion of the boards of visitors of the said 
respective schools, for the purchase of lands for experimental 
farms for each of them ; and a portion of the accruing interest 
may be, from time to time, expended by the respective boards of 



VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 9*7 

visitors in the purchase of laboratories suitable and appropriate 
for the said schools. 

College incorporated; general powers. 

252. The board of visitors of the Virginia Agricultural and 1872-3, c. 195 

3 1 5 p. 180. 

Mechanical College, shall remain, and are hereby declared to be, 
a corporation, under the name and style of the board of visitors 
of the Virginia Agricultural and Mechanical College; and they 
shall have the right to sue, and be liable to be sued, by that name. 
They may have a common seal, and shall at all times be under 
the control of the legislature. 

Pay of rector ; bond of treasurer. 

253. The said board may allow and authorize such pay to the Id. g 2. 
rector or other officer of said college, as they deem reasonable ; 

and they shall require the treasurer, or officer in whose hands 
the funds of the college may be placed, to give bond in double 
the amount of the annual income of said college, to the said 
board, conditioned for the faithful performance of the duties of 
his office. 

Funds to be turned over to visitors by board of education ; inter- 
est on state debt held by the college, to be paid. 

254. The Board of Education are authorized, and hereby id. 3. 
directed, to pay and turn over to the said board of visitors, or 

to their order, all funds received by them for the use and benefit 
of said college ; and the second auditor is hereby authorized and 
directed to draw on the public treasury in favor of the said 
board, from time to time, until otherwise ordered, for the same 
rate of interest as may be paid by act of the legislature to other 
incorporated colleges or seminaries of learning in the state, on 
all bonds of the commonwealth, or guaranteed by the common- 
wealth, held by or for such Virginia Agricultural and Mechanical 
College. 

HAMPTON NORMAL AND AGRICULTURAL INSTITUTE. 

255. The said appropriation to the Hampton Normal and Agri- Code of 1873, 
cultural Institute shall be on the following conditions, namely : 1876^77, c. 
that the trustees of the same shall, out of the annual interest ac- ' p ' 
cruing, as soon as practicable, institute, support, and maintain 

therein one or more schools or departments, wherein the leading 
object shall be instruction in such branches of learning as relates 
14 



98 VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 

especially to agriculture and the mechanic arts, and military 
tactics ; and the governor, as soon after the passage of this act as 
may be, and on the first day of January, eighteen hundred and 
seventy-three, and on the same day in every fourth year there- 
after, shall appoint six persons, three of whom shall be of African 
descent, citizens of the commonwealth, to be curators of the fund 
hereby set apart for the use of the said institute, and without the 
personal presence of a majority of said curators, after a reasonable 
notice to all of them to be present, and without the sanction of a 
majority of such as are present, recorded in the minutes of the 
said board of trustees, no action of said board taken under and by 
virtue of this act shall be valid and lawful. 

STUDENTS, HOW SELECTED ; THEIR PRIVILEGE. 

id. 256. And the trustees of said college may select not less than 

one hundred students, with reference to their character and pro- 
ficiency, from the colored free schools of the state, who shall have 
the privilege of attending the said institute on the same terms that 
state students are allowed to attend the Agricultural and Mechan- 
ical College, under the eighteenth section of this chapter. 

Treasurer for Hampton Normal and Agricultural Institute ; his 

bond. 

1872-3, c. 195 257. The curators of the Hampton Normal and Agricultural In- 
stitute shall appoint a treasurer, who may be allowed a reasonable 
compensation, and who shall be required to enter into bond to 
the commonwealth, in a penalty at least double the amount of the 
annual income which may arise from the proceeds of the land 
scrip apportioned to said institute, conditioned for the faithful 
performance of the duties of his orifice. 

Funds to be turned over to institute ; interest on state debt held by 
curator s> to be paid. 

Id. 5, p. 181 258. The Board of Education are authorized and are hereby 
directed to pay and turn over to the said treasurer, for the said 
institute, all funds received by them for the use and benefit of 
said institute ; and the second auditor is hereby authorized and 
directed to draw on the public treasury in favor of the said 
treasurer of the said institute, from time to time, until otherwise 
ordered, for the same rate of interest as may be paid by act of 
the legislature to other incorporated colleges or seminaries of 
Jearning in this state, on all bonds of the commonwealth, or guar- 



VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 99 

anteed by the commonwealth, held by or for such Hampton Nor- 
mal and Agricultural Institute 

Reports of colleges. 

259. An annual report shall be made by the proper authorities 1371-2, c. 234 
of each of said institutions, after the close of each collegiate year, P- 312 >2 14 - 
of the condition of the institute, and its receipts and disburse- 
ments during the preceding year, with the amount of salary paid 

to each professor, and the amount received in tuition fees from 
pay students; recording any improvements and experiments 
made, with their costs and results ; and such other matters, in- 
cluding state, industrial and economical statistics, as may be sup- 
posed useful, copies of which shall be delivered to the state 
Superintendent of Public Instruction, to be laid before the general 
assembly. 

Reservation of control by legislature. 

260. The general assembly expressly reserves to itself the right Id. g 15. 
and power at any time to repeal or alter this act, and to withdraw 
from either of said institutions the whole or any part of the ap- 
propriations herein granted. 

Board of visitors may accept subscriptions by coimties and indi- 
viduals to the Virginia Agricultural and Mechanical College; 
how to be held, and when to revert to subscribers. 

261. It shall be lawful for the board of visitors of the said Vir- 1871-2, c. 257 
ginia Agricultural and Mechanical College to accept and receive ' P ' 

the subscription of any county made under an act to authorize 
subscriptions in aid of the Virginia Agricultural and Mechanical 
College at Blacksburg, Virginia, approved March twenty-one, 
eighteen hundred and seventy-two, and also of any individual, in 
aid of the purposes and objects of said college; and such dona- 
tions and subscriptions when made shall be held by said board in 
trust for the benefit of said college, on condition that the same 
shall revert to the several donors or subscribers, pari passu, if at 
any time the state of Virginia should withdraw from the use of 
the said college, the interest accruing on the proceeds of the land 
scrip, as provided in this chapter. 

Prohibiting the sale of liquor to students. 

262. Any person who shall hereafter sell either directly, or 1379-80, c. 
knowingly indirectly, to any student of the Hampton Normal and 135> p ' 119 ' 



100 VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 

Agricultural Institute alcoholic or malt liquor, shall be guilty of a 
misdemeanor, and upon conviction thereof shall be fined not less 
than twenty nor more than fifty dollars. 

263. It shall be the duty of the county court, from which the 
party convicted under the first section of this act obtained his 
license, forthwith to revoke the same, and no other license to sell 
liquor shall be granted to such party within two years from the 
date of said conviction. 



MILLER MANUAL LABOR SCHOOL OF 
ALBEMARLE. 



264. Be it enacted by the general assembly of Virginia, That in 
order to give complete legal capacity to the Miller Manual Labor 
School, in the county of Albemarle, the same be and is hereby 
created a corporation, under the following charter, to wit: 

265. The members of the Board of Education and their succes- 1874, c. 61, p. 
sors in office, and . the second auditor and his successor in office, p . 293. 
shall be a corporation by the name of The Miller Manual Labor 

School of Albemarle, and shall have perpetual succession and a 
common seal, which it may alter and renew at pleasure ; and may 
sue and be sued; implead and be impleaded; contract and be 
contracted with ; purchase and take by grant, devise, or bequest ; 
and hold estate, real and personal, for the uses and purposes of 
the said manual labor school. 

266. It shall not be necessary for the persons designated in 
clause one to accept this charter, but they shall he deemed virtute 
officii to have accepted the same, nor shall it be necessary for 
them to hold any meeting for organization, but if they deem it 
proper to hold any meeting the governor shall preside, and the 
second auditor shall act as secretary. Such meetings shall be 
held, if at all, at such times and places as shall be designated by 
the governor, as president. 

267. In such case any of the public offices, the incumbents of 
which are constituted corporators of the said Manual Labor 
School, shall hereafter be abolished or changed, the general 
assembly will designate what person or persons shall be consti- 
tuted corporators in lieu of such. And it shall, at all times, be 
competent for the general assembly, at its discretion, to change 
the organization of the said corporation and the agencies by 
which the said charity shall be administered, more effectually to 
carry out the objects and purposes of said testator for the estab- 
lishment and perpetual support of the school in the said twenty- 
fifth clause of said will mentioned, from which objects and pur- 
poses the Miller Fund shall not be diverted. 



102 MILLER MANUAL LABOR SCHOOL. 

1^76-77, p. 268. The corporation created by clause one shall hold the legal 
title to all the property dedicated by the will of Samuel Miller, 
and by the compromise aforesaid, to the said manual labor school, 
and all other property hereby acquired by it, for the use and 
benefit of said school. The Board of Education shall discharge, in 
respect to the said fund, all the duties devolved, and shall exercise 
all the powers conferred by said twenty-fifth clause of said will 
upon the board of the literary fund. The second auditor shall 
discharge all the duties devolved by the said clause upon him, 
and is hereby authorized to receive the compensation thereby 
provided. The county court of Albemarle county is authorized 
and required, sitting in term, to discharge, by orders entered in a 
record book, to be kept by the clerk of said court specially for 
that purpose, all the duties devolved, and exercise all the powers 
conferred by said twenty-fifth clause upon the county court of 
said county. The charges and expenses attending the establish- 
ment and support of the said school, including the purchase of 
land (should any be purchased), the erection of the buildings, the 
feeding, clothing, and education of the pupils, the charges for 
medical attendance upon them, and everything incident to and 
connected with the school, shall, when examined, allowed and 
certified by the said county court of Albemarle, and approved by 
the Board of Education, be paid by the said Board of Education 
out of the income and profits of the trust fund created by the 
twenty-fifth clause of said will. The record book aforesaid shall 
be provided from the fund, and the clerk of said court shall 
receive for keeping the same, the same fees allowed by law for 
orders in the order book of said court, to be paid out of the fund 
as other claims are provided to be paid. And the district school 
trustees of the respective school districts of said county shall 
select and designate, subject to approval by the county court, as 
provided for in the said twenty-fifth clause of said will, as pupils 
of said school, those described in the said clause, and required by 
the testator to be so selected. 

269. The funds, stocks, securities and investments belonging 
to the Miller Fund, shall be kept and preserved by the Board 
of Education in the same manner with those belonging to the 
literary fund of the commonwealth, but shall be kept scrupulously 
separate from all other funds, and be sacredly and forever devoted 
to the uses and purposes of the said Manual Labor School ; and 
the accounting officers of the commonwealth in whose custody 
the same, or any part thereof may be, and the sureties in their 






MILLER MANUAL LABOR SCHOOL. 103 

official bonds, shall be liable for the safe preservation thereof, in 
like manner as for the property of the literary fund. 

270. The same rate of interest shall be paid on the bonds held 
by the Miller Manual Labor School of Albemarle as is provided 
shall be paid on bonds held by other incorporated colleges, under 
section twenty-two, chapter eighty of the Code of eighteen 
hundred and seventy-three. 

271. The Board of Education is hereby authorized and required, 
in pursuance of the said agreement of compromise, by deed duly 
executed, to release to the said Robert W. Davidson, James M, 
Davidson, John Davidson, Samuel Miller Davidson, and Bennett 
Marion Davidson, respectively the reversions to the estate of 
Samuel Miller, limited upon the respective bequests and devises 
to them in the eighth, ninth, tenth, eleventh and twelfth clauses of 
said will ; and authority is hereby given to Henry E. Smith, the 
guardian of Samuel Miller Davidson and Bennett Marion David- 
son (or to his successor as such guardian) for them and in their 
behalf, to execute and deliver a proper deed, surrendering, re- 
leasing, transferring, granting and conveying to the Manual Labor 
School, created by section one of this act, for the uses and pur- 
poses prescribed by the testator in the said twenty-fifth clause 
of his will, all right, title, interest and claim, present and pros- 
pective, beyond what they shall receive under the said compro- 
mise, to the residuum of the said estate of Samuel Miller, 
deceased ; and authority is given to Robert W. Davidson, 
James M. Davidson and John Davidson, by such deed, to re- 
lease, surrender, transfer, grant and convey to said Manual 
Labor School, for the uses and purposes prescribed by the tes- 
tator in the said twenty-fifth clause of his will, all their like 
respective rights, title, interest and claim, present and prospective, 
beyond what they shall receive under said compromise ; and such 
deed, when so executed and delivered, shall have the effect con- 
clusively to bar all future rights, title, interest or claim, however 
the same may arise, by or on behalf of the said Davidsons, or any 
or either of them, or any person claiming by, through or under 
them, or either of them, to any part of, or interest in the fund 
which, under the said compromise, shall pass to the said Manual 
Labor School. The executor of Samuel Miller, shall cause the 
deed, or deeds, executed in pursuance of this section, to 
be recorded in the clerk's offices of the counties of Albemarle 
and Rockbridge, and of the chancery court of the city of Rich- 
mond. 



104 MILLER MANUAL LABOR SCHOOL. 

272. Nothing in this act contained shall be construed in any 
manner to affect the rights of the heir, or heirs at law, of Samuel 
Miller, deceased, if any such rights there be. 

273. In the event the said compromise shall fail, from any cause 
whatever, then all the parties to the said appeals, in the preamble 
of this act mentioned, shall be immediately remitted to all their 
legal and equitable rights, and shall stand, in relation thereto, 
precisely as if no plan of compromise had been proposed or 
adopted, or any application for the ratification thereof made to 
the circuit court of Richmond, or any decree made thereon, and 
as if no petition had been presented to the general assembly for 
any act upon the subject, and as if no action had been had thereon, 
or any act done in pursuance thereof; but each and all of the said 
parties shall stand in all respects to each other, to the subject of 
litigation and to the questions involved, as if no plan of settlement 
and compromise had been set on foot or anything done in refer- 
ence thereto. 



VIRGINIA NORMAL AND COLLEGIATE 
INSTITUTE. 



274. The governor of Virginia shall, on or before the first day 1881-82 c. 

2obj p. 283. 

of March, eighteen hundred and eighty-two, appoint a commis- 
sion of five persons, who shall forthwith proceed to select a suitable 
site on the south side of the James river for the establishment of 
an institution of learning, to be used exclusively for the education 
of colored persons, under and in pursuance of the conditions and 
regulations hereinafter prescribed. 

275. The said commission shall proceed, as soon as practicable, 
to select such a site, and report said selection to the Board of 
Education, composed of the governor, attorney-general, and 
Superintendent of Public Instruction, for its approval, so that the 
same may be approved and purchased by said board before the 
fifteenth day of March, eighteen hundred and eighty-two. 

276. After purchase of said site by the said Board of Education, 
the board of visitors hereinafter provided for, shall proceed at 
once to construct or repair, upon said site, a suitable building or 
buildings, on plans admitting of enlargement, to be used for the 
purposes aforesaid. In the construction or repair of said building 
or buildings, the said board of visitors shall exercise their best 
discretion, and have full power to act in the premises, without 
further authority, so that the sum of money expended in the pur- 
chase of said site, and in the construction or repair of said build- 
ing or buildings, and in fitting up and putting in order the same 
for opening the school, shall not exceed the sum of one hundred 
thousand dollars. 

277. The said school shall be known as The Virginia Normal 
and Collegiate Institute. It shall be under the government and 
control of seven visitors, six of whom shall be well-qualified 
colored men, who shall be appointed by the governor, with the 
consent of the senate : provided, that the provisions of section 
two of chapter eleven, Code of eighteen* hundred and seventy- 
three, shall not apply to the visitors appointed to this institution. 
The governor shall fix a day for the first meeting of said visitors, 

15 



106 VIRGINIA NORMAL AND COLLEGIATE INSTITUTE. 

and notify them thereof, and thereafter said visitors shall have 
two stated meetings in each year at the institution aforesaid, 
to- wit: on the first Tuesday in June and November, and occa- 
sional meetings at such other times as they shall appoint, or on a 
special call by the chairman of said board of visitors, which 
meetings shall be at the institute. 

278- A majority of the members of the aforesaid board of 
visitors shall constitute a quorum for the transaction of business, 
and on the death or resignation of a member, or failure to act for 
one year, or on his removal out of this state, the Board of Educa- 
tion of the state, with the consent of the senate, shall appoint a 
successor. 

279. The said visitors, or so many of them as being a majority, 
shall appoint a rector, of their own body, to preside at their meet- 
ings, in the absence of the Superintendent of Public Instruction, 
and a secretary to record, attest, and preserve their proceedings. 
They shall, annually, examine into the state of the property, real 
and personal ; shall make and keep an inventory of the same, 
specifying every item whereof it consists; shall make annual 
report to the Board of Education, to be laid before the general 
assembly, with such suggestions or recommendations as, in their 
judgment, would be promotive of the objects of the institute. In 
said report they shall also embrace a full account of all disburse- 
ments, all funds on hand, and a general statement of the condition 
of said institute. 

280. In the said institute there shall be a normal department, in 
which shall be taught such branches as are usually taught in the 
best normal schools in the country; said branches to be pre- 
scribed by the visitors to said institute : provided, that such 
normal course of instruction shall not be longer than three years. 

281. There shall be connected with said institute, a college, 
and such professional departments as the board of visitors may 
think expedient and proper, for the higher education of colored 
persons. In the college department shall be taught the classics, 
the higher branches of mathematics, and such other branches as 
are usually taught in colleges, which branches shall be prescribed 
by the board of visitors to said institute. 

282. The Superintendent of Public Instruction for this state 
shall be a member of said board of visitors, and ex-officio chair- 
man. The said visitors shall be charged with the repair of the 
buildings, and care of the grounds and appurtenances, and with 
the interest of the schools generally. They shall appoint and 
remove professors and other necessary agents, two-thirds of the 



VIRGINIA NORMAL AND COLLEGIATE INSTITUTE. 107 

whole number voting for appointment or removal; shall pre- 
scribe their duties in conformity with the law; shall establish 
rules for the government and discipline of students, not contrary 
to the laws of this state ; shall regulate tuition fees ; shall pre- 
scribe the duties and control the proceedings of all officers and 
employes, with respect to buildings, lands, appurtenances, and 
other property and interests of the institute; shall draw such 
money as may be appropriated, or otherwise contributed, for the 
support of the same, and disburse it through their chosen disburs- 
ing agent ; and, in general, shall direct and do all things, which 
not being inconsistent with the laws of this state, shall to them 
seem most promotive of the purposes of said institute, which 
several functions they shall be free to exercise in the form of by- 
laws, rules, resolutions, orders, instructions, or otherwise, as they 
shall deem proper. 

283. The said Superintendent of Public Instruction, and the 
visitors of said school shall be a body corporate, under the name 
and style of the board of visitors of the Virginia Normal and 
Collegiate Institute, with the right as such to use a common seal. 
They may plead and be impleaded in all courts of justice in all 
cases concerning the institute, which may be subject of legal 
cognizance and jurisdiction, which pleas shall not abate by the 
termination of their office, but shall stand revived in the name of 
their successors; and they shall be capable in law and in trust, 
for' the institute, of receiving subscriptions and donations, real * 
and personal, as well as from bodies coporate, or persons asso- 
ciated, as from individuals. 

284. The said visitors shall, at all times, conform to such laws 
as the legislature may, from time to time, think proper to enact 
for their government; and the said institute shall, in all things, 
and at all times, be subject to the control of the legislature. The 
visitors above provided for shall be appointed on or before the 
first day of April, eighteen hundred and eighty-two, and every 
fourth year thereafter. 

285. The number of professors or teachers in the institute, all 
of whom shall be colored, shall be fixed by the visitors; the 
salary of no one of them shall exceed the sum of fifteen hundred 
dollars per annum, except by consent of the said Board of Edu- 
cation, given in writing to the visitors. 

286. The board of visitors shall designate one of their number 
to be treasurer, and shall fix the amount of his bond at not less 
than fifteen thousand dollars. The said bond shall be made pay- 
able to the commonwealth of Virginia, shall have good and 



108 VIRGINIA NORMAL AND COLLEGIATE INSTITUTE. 

sufficient sureties, conditioned for the proper accounting and pay- 
ing over of all money and other things committed to his custody, 
which bond being approved by the state Board of Education, and 
entered on the journal of the board of visitors, shall be trans- 
mitted to the auditor of public accounts, and remain on file in his 
office. The pay of the treasurer shall in no case exceed one hun- 
dred and fifty dollars a year for the first three years. 

287. The board of visitors shall prescribe the terms upon 
which students, other than state students, may be admitted; the 
nature of their services, and the duration thereof, which shall not 
be less, in any case, than two years, and in the case of state 
students, more than four years. They shall admit as state stu- 
dents, free of charge, for tuition, as soon as practicable, upon 
evidence of good moral character, fifty young men, who shall be 
not less than sixteen nor more than twenty-five years of age, one 
of whom shall be selected from each senatorial district, and ten 
from the state at large, all to be chosen by the board of visitors ; 
and when a vacancy has occurred, or is likely to occur, due 
notice of the time and place of making the appointment shall be 
given by the secretary of the board of visitors. If, after such 
notice, no suitable person shall apply from any district, the va- 
cancy may be supplied from the state at large : provided that the 
students so admitted free of charge shall first enter into a written 
contract and agreement with the board of visitors to teach or 
engage in educational work for two years. This shall apply only 
to state students, and should any student fail to fill the terms of 
his contract, he may be relieved from the same by the payment of 
one-half of his tuition fee while at the institute. 

288. And be it enacted, That out of the funds due the common- 
wealth of Virginia from the sale of the Atlantic, Mississippi and 
Ohio railroad, as ratified and confirmed by senate bill number 
fifty-six, of session eighteen hundred and eighty-one-two, the sum 
of one hundred thousand dollars shall be retained by the treas- 
urer of the commonwealth to the credit of the state Board of 
Education, to be paid out by said treasurer on the orders or war- 
rants of said board of visitors in the execution of this act; and 
within six months after the board of visitors shall have declared 
the institution ready to receive students, and annually thereafter, 
there shall be paid by the auditor of public accounts, on the order 
of the said state Board of Education, to the treasurer elected by 
the board of visitors, the sum of twenty thousand dollars, as 
annuities to the other state institutions of learning are now paid. 

289. The board of visitors shall examine into progress of stu- 



VIRGINIA NORMAL AND COLLEGIATE INSTITUTE. 109 

dents in each year, and shall give to those who excel in any branch 
of learning such honorary testimonials of approbation as they 
may deem proper. Such reasonable expenses as the visitors may 
incur in the discharge of their duties shall be paid out of the funds 
of the institute : provided the sum paid to any one visitor in any 
one year shall not exceed fifty dollars. 

290. Any person may deposit in the treasury of the state, or 
bequeath money, stocks or bonds to be deposited, or grant, de- 
vise, or bequeath property, real or personal, to be sold, and the 
proceeds so deposited, which shall be invested as the donor may 
indicate, or the board of visitors may see proper for the benefit 
of the institute; and in such case the interest or dividend accru- 
ing on such deposits shall be paid to the treasurer of the institute 
on the order of the state Board of Education, to be used for the 
purpose thereof, unless some particular appropriation shall have 
been designated by the donor or testator, in which case such par- 
ticular use or appropriation shall be respected. 



TO PROTECT THE INSTITUTIONS OF THE STATE, PUB- 
LIC TRUSTS AND FUNDS. 

291. Be it enacted by the general assembly of Virginia, That 1878-79, c. 
no person who is a member of any board of visitors of any state 
institution, or an employ^ or agent thereof, or a trustee of any 
public trust or fund, or a salaried officer of any such state institu- 
tion, or of any such public trust or fund, shall contract or be in- 
terested in any contract with such institution, or with the govern- 
ing authority of such public trust or fund in any manner or form 
for furnishing supplies or for performing any work for said institu- 
tion, or for said governing authority of said trust or fund; and any 
person violating the provisions of this act shall be guilty of a mis- 
demeanor, and on conviction thereof shall be fined not exceeding 
five hundred dollars. 



WAR DEPARTMENT. 



Manner of 



INFORMATION RELATIVE TO THE APPOINTMENT AND 
ADMISSION OF CADETS.* 

Appointments. 

How made. 292. Each congressional district and territory also the District 
of Columbia is entitled to have one cadet at the academy. Ten 
are also appointed at large. The appointments (excepting those 
at large] are made by the secretary of war, at the request of the 
representative or delegate in congress, from the district or terri- 
tory ; and the person appointed must be an actual resident of the 
district or territory from which the appointment is made. The 
appointments at large limited to ten in all are specially con- 
ferred by the president of the United States. 

2 93- Applications can at any time be made by letter to the 
secretary of war to have the name of the applicant placed upon 
the register, that it may be furnished to the proper representative 
or delegate when a vacancy occurs. The application must ex- 
hibit the full name, exact age, and permanent abode of the appli- 
cant, with the number of the congressional district in which his 
residence is situated. 

294. Appointments are required by law to be made one year in 
advance of the date of admission, except in cases where, by rea- 
son of death or other cause, a vacancy occurs, which cannot be 
provided for by such appointment in advance. These vacancies 
are filled in time for the next annual examination. 

Alternates. 

Alternates. 295. Any representative or delegate in congress who does not 
select his candidate by competitive examination, and who has rea- 
son to doubt his ability to pass the preliminary examination for 
admission to the Military Academy, can nominate a legally quali- 
fied alternate. The alternate will be examined with the regular 



Date of ap- 

pointment 



* Any further information can be obtained by addressing the secretary of war. 



UNITED STATES MILITARY ACADEMY. Ill 

nominee, and admitted in the event of his success and the latter's 
failure to pass the prescribed preliminary examinations. 

Like the nominee, the alternate should be designated as nearly 
iOne year in advance of date of admission as practicable. 

Examination of Candidates. 

296. Cadet candidates and alternates are ordered to report in Preliminary 

exammat'ns 

person to the Superintendent of the Military Academy between 
the loth and 2oth of June annually, and are examined immediately 
after the annual examination of the cadets. 

No candidate will be examined at any other time unless pre- 
vented from reporting himself by sickness, or some other unavoid- 
able cause, in which case he may be authorized by the secretary 
of war to be examined during the last three days in August. 

Any candidate found deficient in his examination will not be 
allowed a reexamination except upon the recommendation of the 
academic board. 

Qualifications. 

297. The age for the admission of cadets to the academy is be- 
tween seventeen and twenty-two years. Candidates must be at 
least five feet in height, and free from any infectious or moral dis- 
order, and generally from any deformity, disease or infirmity, 
which may render them unfit for military service. They must be 
well versed in reading, in writing, including orthography, and in 
arithmetic, and have a knowledge of the elements of English 
grammar, of descriptive geography, particularly of our own coun- 
try and of the history of the United States. 

298. A sound body and constitution, suitable preparation, good 
natural capacity, an aptitude for study, industrious habits, perse- 
verance, an obedient and orderly disposition, and a correct moral 
deportment, are such essential qualifications, that candidates, 
knowingly deficient in any of these respects, should not, as many 
do, subject themselves and their friends to the chances of future 
mortification and disappointment by accepting appointments at 
the academy, and entering upon a career which they cannot suc- 
cessfully pursue. 

299. Each cadet upon his admission shall take the oath of office 
prescribed by act of congress of July 2, 1862, and before receiving 
his warrant shall, in the presence of the superintendent, or some 
officer deputed by him, subscribe to an engagement in the following 
form: 



112 UNITED STATES MILITARY ACADEMY. 



United States Military Academy. 

300. I, , of the state of , aged years 

month , having been selected for appointment as a cadet 

in the Military Academy of the United States, do hereby engage, 
with the consent of my (parent or guardian), in the event of my 
receiving such appointment, that I will serve in the army of the 
United States for eight years, unless sooner discharged by com- 
petent authority. And I, , do solemnly swear that I 

will support the constitution of the United States and bear true 
allegiance to the national government ; that I will maintain and 
defend the sovereignty of the United States paramount to any 
and all allegiance, sovereignty or fealty I may owe to any state, 
county, or country whatsoever ; and that I will at all times obey 
the legal orders of my superior officers and the rules and articles 
governing the armies of the United States. 



Sworn and subscribed to at , this day of 

eighteen hundred and , before 



REGULATIONS 



GOVERNING THE ADMISSION OF CANDIDATES INTO 
THE NAVAL ACADEMY AS NAVAL CADETS. 



Nomination. 

301. The number of naval cadets allowed at the academy is one 
for every member and delegate of the house of representatives ; 
one for the district of Columbia, and ten appointed at large. Ac- 
cording to the act of congress approved June 17, 1878, "there shall 
not be at any time more in said academy appointed at large than 
ten." 

302. The nomination of candidates for admission from the dis- 
trict of Columbia and at large is made by the president. The 
nomination of a candidate from any congressional district or terri- 
tory is made on the recommendation of the member or delegate 
from actual residents of his district or territory. 

303. Each year, as soon after the 5th of March as possible, mem- 
bers and delegates will be notified in writing of vacancies that 
may exist in their districts. If such members or delegates neglect 
to recommend candidates by the ist of July in that year, the secre- 
tary of the navy is required by law to fill the vacancies existing in 
districts actually represented in congress. 

304. The nomination of candidates is made annually between 
the 5th of March and the ist of July. Candidates who are nomi- 
nated in time to enable them to reach the academy on the isth of 
May will receive permission to present themselves at that time to 
the superintendent of the naval academy for examination as to 
their qualifications for admission. Those who are nominated 
prior to July i, but not in time to attend the May examination, 
will be examined on the ist of September following ; and should 
any candidate fail to report, or be found physically or 'mentally 
disqualified for admission in May, the member or delegate from 
whose district he was nominated will be notified to recommend 
another candidate, who shall be examined on the 22d of Septem- 
ber following. When any of the dates assigned for examinations 
fall on Sunday, the examination will take place on the following 
Monday. 

16 



114 UNITED STATES NAVAL ACADEMY. 

305. A sound body and healthy constitution, good mental abil- 
ities, a natural aptitude for study and habits of application, per- 
sistent effort, an obedient and orderly disposition and correct 
moral principles and deportment are so necessary to success in 
pursuing the course at the academy, that persons conscious of any 
deficiency in these respects are earnestly recommended not to 
subject themselves or their friends to the mortification and dis- 
appointment consequent upon failure, by accepting nominations 
and attempting to enter a service for which they are not fitted. 

306. Students from the empire of Japan are received for in- 
struction under a resolution of the senate and house of representa- 
tives of the United States, approved July 27, 1868. 

Examination. 

307. Each candidate for appointment as naval cadet must pre- 
sent to the academic board satisfactory testimonials of good moral 
character, and must certify on Jwnor to his precise age, which 
must be over fourteen and less than eighteen years at the time of 
the examination. No candidate will be examined whose age does 
not fall within the prescribed limits. 

308. Candidates must be physically sound, well formed, and of 
robust constitution ; they will be required to pass a satisfactory 
examination before a medical board composed of the surgeon of 
the naval academy and two other medical officers to be designated 
by the secretary of the navy. 

309. Any one of the following conditions will be sufficient to 
cause the rejection of a candidate: 

Feeble constitution, inherited or acquired; 

Greatly retarded development ; 

Permanently impaired general health ; 

Decided cachexia, diathesis, or predisposition ; 

All chronic diseases or results of injuries that would perma- 
nently impair efficiency, viz : 

Weak or disordered intellect; 

Cutaneous and communicable diseases ; 

Unnatural curvature of spine, torticollis, or other deformity ; 

Permanent inefficiency of either of the extremities or articula- 
tions from any cause ; 

Epilepsy or other convulsions within five years ; 

Impaired vision, chronic disease of the organs of vision, imper- 
fect color sense ; 

Great hardness of hearing or chronic disease of the ears ; 



UNITED STATES NAVAL ACADEMY. 115 

Chronic nasal catarrh, ozaena, polypi, or great enlargement of 
the tonsils ; 

Impediments of speech to such an extent as to impair efficiency 
in the performance of duty ; 

Chronic diseases of heart or lungs or decided indications of lia- 
bility to cardiac or pulmonary affections; 

Hernia or retention of testes in inguinal cavity; 

Sarcocele, hydrocele, stricture, fistula, or haemorrhoids ; 

Large varicose veins of lower limbs, scrotum, or cord ; 

Chronic ulcers. 

Attention will also be paid to the stature of the candidate, and 
no one manifestly under size for his age will be received at the 
academy. In the case of doubt about the physical condition of 
the candidate, any marked deviation from the usual standard of 
height will add materially to the consideration for rejection. Five 
feet will be the minimum height for the candidate. 

The board will exercise a proper discretion in the application 
of the above conditions to each case, rejecting no candidate who 
is likely to be efficient in the service, and admitting no one who 
is likely to prove physically inefficient. No candidate rejected by 
the board will be allowed a re-examination, and when rejected, 
the department will not reverse the action of the board. 

310. The candidate must pass a satisfactory examination before 
the academic board in reading, writing, spelling, arithmetic, 
geography, English grammar, history, and algebra. 

311. All the examinations, except in reading, will be written. 
Candidates who fall below the standard will receive a second and 
final examination in the subjects in which they fail. Deficiency 
in any one of the subjects at the second examination will be suf- 
ficient to insure rejection. 

312. Candidates rejected at such examinations shall not have 
the privilege of another examination for admission to the same 
class unless recommended by the board of examiners." (Rev. 
Stat., \ 1515. 

Any further information can be obtained by addressing the 
secretary of the navy. 



UNIVERSITY AT NASHVILLE. 

STATE NORMAL COLLEGE FOR TRAINING WHITE 
TEACHERS. 



313. This institution has for its object the training of profes- 
sional teachers ; and its connection with the public school system 
of Virginia is best explained by the following extracts from the 
letter of the Hon. J. L. M. Curry, agent of the Peabody Education 
Fund, dated May, 1882, and published in the June number of the 
Educational Journal. He says : 

314. "In view of the want of well established normal schools of 
a high order in the South, and to build up an institution which 
would stand as a permanent memorial of Mr. Peabody's magnifi- 
cent gift for education in the South, the trustees of the Peabody 
Fund for several years have been contributing liberally to the 
maintenance of the Normal College in Nashville. In connection 
with this college a number of scholarships, $ 200 each, have been 
established for the encouragement and aid of students who pur- 
pose to make teaching their vocation. These scholarships are 
apportioned among the states included in the Peabody benefac- 
tion, somewhat in proportion to the school population. Virginia, 
during the next session, October, i882-May, 1883, will be entitled 
to nine additional scholarships. 

315. This aid is furnished, not longer than two years, to students 
whose capacities, abilities, general culture and health, give special 
promise of usefulness as teachers. The college is professional, 
and its aim is to magnify the office of teaching, to instruct the 
students in the improved processes of teaching and management, 
and generally, to furnish the best facilities for the complete and 
thorough preparation of those who are to make teaching a life 
work. Not being a mere literary institution, nor designed to give 
the instruction which may be obtained in primary and grammar 
schools and in academies, it is necessary that applicants pass a 
preliminary examination before receiving appointment to scholar- 
ships. If this examination can be made rigid and competitive, 
the honor of the appointment will be enhanced, a better class of 
students will be obtained, and the mortification of failing to enter 



NORMAL COLLEGE IN NASHVILLE. 117 

after reaching Nashville, or of being discharged for incompetency, 
will be avoided. 

316. The trustees, in the administration of the fund, act in co- 
operation with the state educational authorities. All appoint- 
ments to scholarships are made by the state Superintendents 
of Public Instruction. 

317. Receiving free tuition and an additional bonus of $200 a 
year, the students are presumed in good faith, to have chosen 
teaching as a profession. Each one pledges himself, or herself, 
to teach, after graduation, at least two years in the public schools, 
if opportunity be offered." 

318. The college is under direct control df President Eben S. 
Stearns, a gentleman who understands thoroughly the art. of 
making good teachers. 

319. Virginia, at present, is entitled to fourteen scholarships. 
The number, of course, is determined by the representative of the 
Peabody Fund. The vacancies each year depend upon the num- 
ber who graduate or quit. These scholarships are free to any 
man or woman in the state, between the ages of seventeen and 
thirty, who desires to compete, and who is willing to pledge him- 
self, or herself, to teach, at least two years, after graduation, in 
some of the free schools of Virginia. 

320. Full information as to how and when to apply, can be ob- 
tained by addressing the Superintendent of Public Instruction at 
Richmond, Virginia. 



OF PUBLIC FREE SCHOOLS 

IN THE CITIES AND TOWNS OF THE COMMONWEALTH. 



How established and governed. 

1870-71, c. 321. Public free schools shall be established in all the cities and 
g i.' towns of the commonwealth, which are not embraced in whole or 

c79, \! 7 p! in P art within the bounds of a magisterial district; and the pro- 
visions of an act entitled "an act to establish and maintain a uni- 
form system of public free schools," approved July eleventh, 
eighteen hundred and seventy, save as hereinafter provided, shall 
be applicable to such cities and towns in like manner as to the 
counties of the commonwealth. 

Cities and towns classified according to population. 

Id - 2 - 322. Cities and towns, such as are described in section three 

hundred and twenty-one, which have a population often thousand 
and upwards, shall, for school purposes, be known as cities of the 
first class, whilst cities and towns, such as described in said sec- 
tion, and which have less than ten thousand, shall be known as 
cities of the second class ; but the provisions of the law concern- 
ing cities shall be applicable to both classes alike, unless the one 
or the other class be specifically referred to. 

Number and bounds of school districts. 

id. 3. 323. The school boards of the respective cities shall have 

power, subject to the approval of the common councils, to pre- 
scribe the number and boundaries of the school districts, and the 
number of trustees (not exceeding three from each district); but 
until such provision is made, every such city which is not divided 
into wards shall constitute a single school district ; and in every 
city which is divided into wards, each ward shall be a school dis- 
trict. The number and boundaries of districts shall be duly re- 
ported to the Superintendent of Public Instruction, and recorded 
in his office, and also in that of the clerk of the corporation court. 

School board of city ; its officers, powers and duties. 
Id - 2 * 324. All the school trustees in a city or town shall constitute a 



PUBLIC FREE SCHOOLS. 119 

single corporation, under the style of "The school board of the 

city (or town) of ," which shall have the same officers, 

powers and duties as ordinary boards of district school trustees, 
except as otherwise provided ; and the trustees of the several dis- 
tricts shall have no organization or duties except such as may be 
assigned to them by the consolidated body. 

Limits of its authority ; quorum ; clerk, and his pay. 

325. The official care and authority of the school board shallow. 5. 
cover all the territory included in the corporate limits of the city. 

A majority of its members shall constitute a quorum. It may at 
discretion appoint a clerk, who need not be a member of the 
board ; it may add to the pay of the clerk from any funds at its 
disposal other than those of the state, and may make by-laws and 
regulations for its own government and for the management of its 
official business, so far as they do not conflict with the provisions 
of this act. 

Who ineligible as superintendent of schools. 

326. No mayor, member of council, or treasurer of a city, shall id. g 6. 
be allowed to act as superintendent of schools therein ; nor shall 

the number of members of the council in the school board of any 
city or town exceed one-third of the entire number of the school 
board. 

School trustees ; how appointed. 

327. School trustees already in office in cities by appointment id. g 7. 
of the Board of Education, and members of any city board of 
education created by the municipal authorities thereof, shall con- 
stitute the city school board, so far as the number and locality of 
these officers respectively meet the conditions prescribed in this 

act ; and any deficiencies which may exist in the beginning, and 
all vacancies which may afterwards occur in the school board, 
may be supplied at any time within sixty days after their occur- 
rence, by appointment made by the city council: provided, how- 
ever, that as soon as may be after the passage of this act, the city 
council of such cities shall designate which of the trustees then in 
office shall go out of office at the end of one year, which at the 
end of two, and which at the end of three years. Should the city 
council in any case fail to act within the time prescribed, it shall 
be the duty of the Board of Education to fill the vacancy or va- 
cancies without further delay.' 



120 PUBLIC FREE SCHOOLS. 



Tax for public schools, how levied. 

id. 8. 328. The municipal authorities of any such town or city as de- 

scribed in section three hundred and twenty-one, may, in their 
discretion, raise from time to time, by tax on property, as by law 
provided for the defraying of the expenses of the municipal gov- 
ernment, such sum or sums as they may deem requisite for the 
support of the public schools therein : provided, that no tax thus 
levied on property for school purposes shall exceed three mills on 
a dollar in any one year, and that no annual capitation tax shall 
exceed fifty cents for all purposes; and still further provided, that 
no municipal or school authorities shall have power to raise or 
appropriate funds for the benefit of any school which does not 
form an integral part of the public free school system of either 
the city or the state, as by law established. 

Estimates of necessary funds for city schools ; council to make 
appropriations. 

id. 9. 329. It shall be the duty of the school board of every city once 

in each year, and oftener, if deemed necessary to submit to the 
city or town council, in writing, a classified estimate of what funds 
will be needed for the proper maintenance and growth of the pub- 
lic schools of the city, and to request the council to make appro- 
priations accordingly. 

How state funds to be apportioned to cities, and who to be 
treasurer. 

id. 10. 330. The state school funds shall be apportioned (separately 

from their counties) to such cities as are contemplated by sections 
three hundred and twenty-one and three hundred and twenty- 
two ; and all funds designed for the benefit of public free schools 
therein shall be deposited with the treasurer of such cities (for the 
safety of which due security shall be given), and shall be kept by 
such treasurer in separate accounts, and shall be disbursed only 
on orders from the city school boards respectively. 

City superintendent of schools. 

io. {? 11. 331. There shall be a city superintendent of schools in cities of 

the first class, and whenever the population of any county, in 
which a city of the second class, or the greater part thereof is 
located, exceeds fifteen thousand without including the popula- 
tion of said city, such city may have a superintendent of schools 



PUBLIC FREE SCHOOLS. 121 

separate from so much of the said county as lies without the city 
limits : provided, the public school interests in the city and county 
would, in the opinion of the Board of Education, be promoted 
thereby ; and such separate city superintendent of schools shall 
be appointed by the Board of Education. 

His compensation. 

332. A city superintendent shall receive pay from the state in w. 12. 
like proportion as county superintendents of schools ; but nothing 

in this act contained shall be construed to limit the amount of acf- 
ditional remuneration which he may receive from the council of 
the city within which he acts. 

His powers, privileges and duties. 

333. A city superintendent may teach in a public school ex id. 13, 14, 
officio when requested to do so by the city school board. 15 ' 16 ' 

334. A city superintendent may suspend or dismiss pupils from 
the public schools : provided, that the city school board shall have 
power to reverse his action in the premises. 

335. A city superintendent shall have the privilege of being 
present at all meetings of the school board, of making motions, 
and participating in the discussions therein, but not of voting. 

336. City school boards and superintendents shall be required 
to perform the same duties, and shall be subject to the same rules 
and limitations as the district boards and county superintendents 
respectively, except so far as may by this act be otherwise pro- 
vided. 

How to be appointed and removed. 

337. City superintendents of schools shall be appointed and id. grr. 
removed by the Board of Education, subject to confirmation by 

the senate. 

Powers of school board of trustees. 

338. The school board of trustees in every city of the first class id. g is. 
shall have power, and it shall be its duty to establish and main- 
tain therein a general system of public free schools in accordance 

with the requirements of the constitution and the general educa- 
tional policy of the commonwealth ; and it is empowered specially 
to make and carry out regulations for the management of public 
school property and funds in the city ; the location, renting, en- 
larging, repairing, erection and furnishing of school houses, and 
the proper care of the same; the attendance of pupils upon the 
schools ; the providing of indigent children with text-books ; the 



122 PUBLIC FREE SCHOOLS. 

determining of studies ; the methods of teaching anjd government 
employed in the schools ; the employment, remuneration and dis- 
missal of teachers, and the length of the school terms. It shall 
also have power to establish high and normal schools as well as 
those of lower grade. All city school boards shall have the same 
1874-75. c. powers and duties as are granted and imposed upon county 
school boards under section 20 of chapter 78 of the Code of 1873. 
(See page 44 of this compilation.) 

Text-books for schools. 

339- The text-books for use in the schools of the city shall be 
prescribed by the city school board of a city of either class, 
except that for the primary schools they shall be chosen from 
lists prescribed for the State at large by the Board of Education. 
But the Board of Education may, for reasons satisfactory to them- 
selves, allow other text-books for primary schools in the cities of 
Richmond, Petersburg and Norfolk, in which public schools have 
already been established. 

Duty of city council to 'make appropriations for school purposes ; 
tax therefor limited. 



id a 20 34 - ^ sna U t> e tne duty f tne c i tv or town council, and of 

187 1-7:4, e. every incorporated town of over five hundred inhabitants, which 
1877-78, c. has been erected into a separate school district, to provide in due 
time, and it shall have no power to withhold, the sum or sums 
reported by the city or town school boards and declared to be 
necessary for the proper maintenance and growth of the public 
schools of the city or town, except the city of Richmond, the 
council of which said city shall have the discretion of the board 
of county supervisors in similar cases : provided that the council 
shall not be required to appropriate a sum greater than double 
the amount received from school funds of the state during the 
same scholastic year; but the council may, in its discretion, ap- 
propriate a larger sum, but it shall not have power to impose a 
tax on property for school purposes exceeding three mills on a 
dollar in any one year. 



REGULATIONS OF THE BOARD OF EDUCATION. 






Qualification of school officers Oaths they are required to take. 

341. School officers are required to take and subscribe the fol- 
lowing oaths : 

I, , do declare myself a citizen of the Commonwealth of Constitution, 

Virginia, and a resident of the county of , and do solemnly p. 7. 

swear (or affirm) that I will support and maintain the constitution 
and laws of the United States and the constitution and laws of 
the State of Virginia ; that I recognize and accept the civil and 
political equality of all men before the law, and that I will faith- 
fully perform the duties of county superintendent of schools to 
the best of my ability. So help me God. 



I swear (or affirm) that I have not, since the first day of May, Acts 1881-82, 
1882, fought in a duel, the issue of which was or might have been 
the death of either party ; nor have I been knowingly the bearer 
of any challenge or acceptance to fight a duel actually fought ; 
nor have I been otherwise engaged or concerned, directly or indi- 
rectly, in a duel actually fought since said time ; nor will I, during 
my continuance in office, be so engaged, directly or indirectly. So 
help me God. 



This is to certify that - this day personally appeared be- 
fore me, a of the county of , and took and subscribed 

the above oaths. 

Witness my hand this day of , 188 . 



342. School superintendents must file the said oaths, when taken g 50, p . 
by them, with the Superintendent of Public Instruction ; and dis- 
trict school trustees must file their oaths with the clerk of the 
school trustee electoral board within thirty days after being no- 
tified of their appointment. 



124 REGULATIONS OF BOARD OF EDUCATION. 



United States officers cannot be school officers. 

Code i873 ; c. 343. No one holding an office of profit, trust, or emolument un- 
' der the United States Government can act as superintendent of 
schools or as district school trustee. 

School Officers prohibited from teaching in public schools. 

344. County superintendents of schools and district school trus- 
tees are not allowed to teach in the public schools. 

Age prescribed. 

345. All applicants for examination to obtain a license to teach 
in the public schools must be at least eighteen years old. 

County Superintendents ; some of their duties more specifically 

defined. 

346. It shall be the duty of county and city superintendents of 
schools to see that all school laws and regulations are literally 
and strictly carried out. 

Superintendents' monthly reports. 

347. Superintendents of schools shall make a monthly report to 
the Superintendent of Public Instruction in form to be prescribed 
by him, which report shall be due at the office of the Superin- 
tendent of Public Instruction on or before the fifteenth day of the 
month next succeeding, and every superintendent whose report 
fails to arrive by the aforesaid date shall be subject to a fine of five 
dollars for the first day of delay, and one dollar additional for 
each day's delay thereafter : provided the whole amount of the 
fine shall not exceed one-twelfth part of his salary ; and the sec- 
retary of the board is hereby instructed to call upon each delin- 
quent superintendent to show cause within thirty days why the 
fine should not be entered against him. 

Examination of teachers. 

348. The county or city superintendent shall hold examinations 
for those who desire to teach school in his county or city for the 
current school year, at such times and places as he may deem 
proper, after giving due notice of the same ; and he shall not ex- 
amine any applicant for a teacher's license except at such duly 
appointed examinations, unless he is satisfied that it was not in 
the power of the applicant to be at any of said examinations. He 



REGULATIONS OF BOARD OP EDUCATION. 125 

may admit the public under such restrictions and regulations as 
he may deem necessary to secure a fair, rigid and impartial exam- 
ination. 

Basis of Examination Of what te consist. 

349. Examinations shall be held on orthography, reading, 
writing, arithmetic, grammar, geography and history, and, if the 
applicant desires to take charge of a school in which the higher 
branches have been introduced, he must be examined on all such 
higher branches. The examination shall be both oral and written, 
and the same or similar questions shall be propounded to all 
applicants for the same grade of certificate, under such regula- 
tions as the superintendent may prescribe. The superintendent, 
for sufficient reasons, such as the applicant being under the age 
prescribed by regulations, immorality, drunkenness, unfitness, or 
other cause that would render it improper for the applicant to 
teach a public school, may refuse to examine such applicant: 
provided that all such cases, other than those under age shall be 
reported to the Board of Education with the reason for refusing 
such examination. 

List of questions to be made out and a copy to be furnished to 
the Superintendent Public Instruction. 

350. Prior to the examination of teachers each year, the super- 
intendent shall make up a list of all the questions upon which 
applicants will be examined by him, and shall designate which of 
them require oral, and which written answers. He shall also 
state on said list his method of grading teachers, the per cent, he 
requires applicants to make to entitle them to the several grades 
of certificates, and shall forward a copy of said questions, in due 
form, to the Superintendent of Public Instruction. 

Examination papers. 

351. At the close of each examination the superintendent shall 
endorse on the papers of the applicants their names, sex, color, 
place of nativity, addresses, where educated, previous occupa- 
tions, whether or not they have ever taught a public school in 
this State, and if so, how long, and whose certificates they held; 
and having duly examined said papers, shall plainly mark on the 
same the per cent, of questions answered correctly on each 
branch, and the grade of certificate given, or, if no certificate 
was granted, the reason for refusing the same; and any other 
information that will show a fair record of each case. 



126 REGULATIONS OF BOARD OP EDUCATION. 

The said examination papers shall be filed by the superintendent 
and kept during the current school year, and any applicant or 
other party interested, who feels aggrieved by the action of the 
superintendent shall be entitled to a certified copy of said papers, 
upon a written application to said superintendent, respectfully 
setting forth his reasons for desiring the same, duly signed by 
himself. This right shall not exist after the year for which the 
examination was held. 

Superintendents' duty in regard to school funds. 

352. School revenue now consists of four distinct classes : 

ist. All money apportioned under the act approved March sixth, 
eighteen hundred and eighty-two, known as the Grandstaflf act. 

2d. All cash balances provided for by the sixth section of said 
act, together with all money paid on account of arrearages, in- 
terest on literary fund, and so forth. 

3d. The county school tax levied by the different counties 
under the one hundred and twenty-first and one hundred and 
twenty-third sections. 

4th. The district school tax levied by the different counties 
under the one hundred and twenty-second and one hundred and 
twenty-fourth sections. 

353. The net proceeds of the first three funds must be used 
exclusively for the pay of teachers, and cannot be used for any 
other purpose. 

354. The amount apportioned under the Grandstaff act is paid 
out by the treasurer upon warrants drawn by the superintend- 
ent, as provided for by the act. 

355. All other State money is apportioned to the several dis- 
tricts by the Superintendent, as directed by law, and paid out on 
the warrant of the district board, exclusively for the pay of teach- 
ers. See section 145. 

356. County school taxes should be apportioned to the several 
districts as fast as the treasurer reports them collected, and can- 
not be used for any purpose except the pay of teachers. 

357. District school tax is levied and collected for the exclusive 
benefit of the respective districts. It is under the direct control 
of the district board, and is used to build and furnish school- 
houses and to meet contingent expenses of the schools in the 
district: provided that no account shall be considered by the 
Board unless duly itemized. 

Page 57, 358. Any excess of levy for district school purposes over five 

cents upon the one hundred dollars of the taxable value of pro- 



REGULATIONS OF BOARD OF EDUCATION. 12? 

perty of such district may be applied, by the board of trustees 
thereof, to the payment of the salaries of the teachers therein. 

359. It shall be the duty of the superintendent to see that the 
books of the district clerks are correctly kept, that these funds 
are properly applied, and that the money appropriated ex- 
clusively for the pay of teachers shall not be used for any other 
purpose whatever. 

Superintendents to require county treasurers to make stated 
reports under section 146, page 65. 

360. School superintendents shall require county treasurers to 
report to them on or before the first day of September of each 
year and thereafter at intervals of two months, until their final 
settlement at the end of the fiscal year, which report shall show 
the amount of State money received on current revenue or from 
the second auditor: the number and amount of warrants on the 
respective State funds presented for payment: the number and 
amount paid by the treasurer : the balance of State funds on hand, 
if any and to what districts due : the amount of county school 
funds received and apportioned to the districts by the school 
superintendent: the number and amount of warrants on the 
county fund presented: the number and amount paid by the 
treasurer : the balance of county funds on hand, if any, and to 
what districts due : the amount of district taxes collected for the 
respective districts up to the expiration of the said two months : 
with the number and amount of the warrants on the several dis- 
tricts presented and paid : and the balance, if any, due the dis- 
tricts : also the amount of county school tax collected, which has 
not been apportioned to the several districts by the superintendent. 

361. The superintendent shall require the treasurer on or before 
the first day of December in each year to make a statement show- 
ing the amount of all county and district school money collected 
on current revenue by him up to said date, the amount on hand 
at that time due the county school fund and the several districts. 

362. Whenever the treasurer reports county school money on 
hand, or the superintendent knows that it should be, he shall 
immediately apportion said fund to the several districts as pro- 
vided by law for the pay of teachers, and shall notify the district 
clerks, in writing, of the amount apportioned their respective 
districts as well as the amount of district tax in the hands of the 
treasurer, belonging to their districts. 



128 REGULATIONS OF BOARD OF EDUCATION. 



To enter reports, &c. 

363. County and city superintendents in the records required to 
be kept, shall enter in full the reports of the county treasurer 
ordered to be made by them, also the scheme of each apportion- 
ment of state and county school funds made to the several dis- 
tricts in their respective counties, showing the amount and date 
of said apportionments. 

To keep a register of applicants for teacher's certificate. 

364. County and city superintendents shall keep a register 
of all who apply to them for examination for teacher's certifi- 
cates, and shall enter therein the name of teacher, age, color, sex, 
place of nativity, where educated (if in public schools of Virginia 
so state) ; whether or not they hold a diploma of any institution ; 
grade of free-school certificate held, name of district, number of 
school ; total number of months contracted for the current year, 
total length of time taught, total length of time taught in a public 
free school; in what counties employed, where last employed, 
salary per month for current year, post-office address ; whether 

^or not the applicant expects to make teaching a profession ; num- 
ber licensed, white and colored separately; number employed, 
white and colored separately. 

County school boards. 

Page 45, 82. 365. County school boards are required under the law to hold 
two meetings each year one between the ist and isth of Au- 
Page 57, gust, the exact date to be fixed by the board itself, or in default 
124 ' thereof, by the president ; the other on or before the first Wed- 
nesday in November. (See the law for full instructions.) 

Boards of school trustees; when to meet. 
(For duties of board see page 41, sections 58 to 69, inclusive.) 

Page 41, g 64. 366. Boards of school trustees shall hold two regular meetings 
in each school year, one on the first Wednesday in August and 
the other on the last Wednesday in October. 

Page 42, g 68. 367. At the August meeting the several boards shall prepare a 
detailed report embracing a full statement of all the school work 
done in their respective districts for the school year ending the 
3ist day of July preceding, in such form as may be prescribed by 
the county school superintendent, with the name, number and 
grade of each school in the district. Said report shall also state 



KBGULATIONS OF BOARD OF EDUCATION. 129 

the salary agreed upon to be paid to the teachers of the several 
schools for the ensuing year, which salary, if confirmed by the 
superintendent, shall not be increased or diminished during the 
year without his written consent. The report shall also state the 
hour prescribed for the opening and closing of the schools and 
time allowed for intermission. This report shall be forwarded to 
the superintendent of the county with the forms required by sec- 
tion sixty-eight within the time prescribed by said section. 

368. At the October meeting the board shall prepare an esti- Page4i, 
mate showing the amount of money which will be needed in the 
district during the next school year for providing school-houses, 
furniture, apparatus, text books for indigent children, and all 
other means and appliances needful for the successful operation 

of the schools, with other proper charges. Said estimate shall be 
filed with the superintendent of schools as the chairman of the 
county board, to be by him laid before said board at its annual 
meeting on or before the first Wednesday in November. 

369. Boards of school trustees may transact any other business Page 41, 64 
at the annual meeting, and special meetings may be called by 

the chairman or any two members. 

? 
District clerks. 

370. District clerks are required to make annual reports as pro- 
vided in section sixty-eight, page forty-two, under heavy penalties 
for failure 

Employment of teachers. 

371. Boards of school trustees in all the counties which have Page4i,geo. 
not adopted the sub-districting law have the absolute power to 
employ teachers, whether the one selected. is satisfactory to the 
patrons or not : provided that in all cases teachers must be em- 
ployed and contracted with at a regular or called meeting of said 

board. 

372. But if the board elects to submit the question of selection 
of a teacher to the patrons of any school it shall call a meeting of 
the same by due proclamation and by posting a notice of the 
time and place of meeting, at least ten days before it is to be held, 
on the front door of the school-house and at three of the most 
prominent places in the district, at which meeting the chairman 
or some other member of the board shall preside, if present ; if 
no member of the board is present the meeting shall elect a chair- 
man. The meeting shall also elect a secretary. The clerk of the 
b'oard of trustees shall provide the meeting with a list of the 

18 



130 REGULATIONS OF BOARD OF EDUCATION. 

patrons of the school, which shall embrace the names of all those 
who intend to enroll their children in said school for the current 
school year. The secretary of the meeting shall ascertain from 
the list whether or not a majority of the children are represented. 
If they are, the chairman shall declare the meeting organized and 
ready to proceed with the election of a teacher. 

373. The election shall be by ballot, unless otherwise deter- 
mined by the meeting. 

374. No teacher shall be eligible to be voted for unless he pre- 
sent to the meeting a certificate of qualification of at least as high 
a grade as the school he desires to teach, granted to him by the 
superintendent of the county as required by law. 

375. Before voting for a teacher the patrons must pledge them- 
selves to support the one selected by the meeting. 

376. Immediately upon the adjournment of the meeting the 
secretary thereof shall report the proceedings to the chairman of 
the board of school trustees, who, if a teacher has been selected, 
shall cause a contract to be immediately given him by said board. 

377. Should there not have been a majority of the children 
represented at the meeting the board may either call another 
meeting or declare its determination to select a teacher inde- 
pendent of the action of the people, but if a majority of the chil- 
dren were represented at the meeting, then the board must be 
governed by its action. 

Page 48, g 91. 378. Boards of school trustees shall not entertain any proposi- 
tion from, or enter into correspondence with any party who may 
desire to teach a public school until said party presents a teach- 
er's certificate, of at least as high a grade as the school he ap- 
plies for, issued to him by the superintendent of the county in 
which the school is situated. 

Page48,g93. 379- Boards of school trustees must enter into written contracts 
with teachers in a form to be prescribed by the school regulations 
before they enter upon their duties. Any failure on its part to 
make such contract with the teachers assigned by it to the re- 
spective schools will subject its members to such fine as the law 
directs. 

Opening schools. 

380. The time for opening and closing schools shall be pre- 
scribed by the board of school trustees, subject to the approval of 
the county superintendent : provided that where an intermission 
of thirty minutes or more is given no school shall open later than 
9 A. M. or close earlier than 4 P. M., and in no event shall a school 



REGULATIONS OF BOARD OF EDUCATION. 131 

open later than 9 A. M. or close earlier than 3 P. M., nor shall any 
school be taught less than six hours each school day. The time of 
opening and closing the school, with the intermission to be given, 
must be stated in the contract made with the teacher. 

381. Boards of school trustees shall, immediately upon con- 
tracting with a teacher, report the fact in writing to the county 
superintendent, giving the teacher's name and address, the num- 
ber of the school he is to teach, and the amount of salary agreed 
to be paid. 

Number of pupils required to form a school. 

382. An enrolment of at least twenty pupils, with an average Page 53, 
daily attendance of twenty, is required to constitute a public free * 
school, and upon this basis shall teachers' salaries be fixed and 
paid. But boards of school trustees may enter into contract with 
teachers to conduct schools with a smaller enrolment and shall 

pay them a proportional amount for each scholar under twenty in 
average daily attendance : provided that no public money shall 
be paid to support any school with a smaller daily average than 
ten. 

383. It shall be the duty of the superintendent to see that no 
teacher is paid for any excess of twenty or.a greater amount than 
the daily average of his school entitles him to receive, except as 
hereinafter provided. 

384. Boards of school trustees, when satisfied that there is not 
a sufficient number of children in any school neighborhood to en- 
title them to a school under the law, and that the geography of 
the district is such that no judicious rearrangement of the several 
schools can be made so as to furnish the minorities with proper 
school facilities, may certify all of these facts, with a diagram of 
the section to be accommodated, to the county superintendent, 
who shall forthwith visit the section in question, and if he find 
that the facts stated are correct and that the contiguous schools 
are judiciously located and cannot be so arranged as to fur- 
nish the minority in question with fair school facilities, may 
authorize the board of school trustees to reduce the daily aver- 
age to fifteen for such school ; but each case must stand on its 
own merits, and* the legal average of no school can be reduced 
except as stated. 

385. In cases where the average attendance in the 38ist regula- 
tion is reduced by reason of a factious spirit on the part of one or 
a few parties, or in consequence of the proper exercise of dis- 
cipline, the district boards may continue such school if they deem 



132 m REGULATIONS OF BOARD OF EDUCATION. 

it advisable to do so : provided that each case be reported to the 
county superintendent and his written approval obtained. 

Discontinued schools. 

386. The board of school trustees of any school district in which 
a public school has been closed, for sufficient cause, before the 
expiration of the time for which it was required by contract to 
continue, is hereby authorized, with the written consent of the 
county superintendent, to pay the teacher of every such school 
as much of his or her salary as may be due for the time the school 

was taught. 

Improvement of schools. 

387. The attention of school officers is called to those portions 
of the school laws and regulations which refer to the organization, 
management, appliances and general character of the public free 
schools; and they are exhorted to tolerate nothing in the schools 
under their charge that would impair their usefulness or make 
them in any way a discredit to the state. 

388. Officers are specially cautioned against licensing or em- 
ploying any teacher who is not well qualified for the position 
he seeks. 

389. The teacher's certificate shall state the branches upon which 
the holder has been examined, and shall be given for only one 
scholastic year and may be of three grades, and the teacher's pro- 
fessional certificate for two years, provided that any teacher who 
has previously received it or its equivalent, a first grade certificate, 
may be re-commissioned for any period not exceeding five years, 
at the discretion of the county superintendent. The professional 
certificate shall be bestowed very sparingly, and should always 
imply tried ability and a general professional spirit and knowledge, 
in addition to a thorough mastery of the branches taught. It is 
understood that the difference in these grades is not based upon 
any difference in the subjects taught, but is intended to represent 
different grades of ability, experience, attainment and success. 

390. County and city superintendents are required to hold in 
their respective counties and cities at least one teachers' institute 
during each scholastic year, at which all the teachers employed 
in the public free schools shall be expected to attend ; and should 
the institute be held whilst any of the schools are in operation, 
the teachers attending it shall not thereby suffer any diminution 
of their monthly pay, provided the time thus occupied does not 
exceed one week. Superintendents may arrange to hold the ex-, 
animation of applicants for teachers' certificates at these institutes 



REGULATIONS OF BOARD OF EDUCATION. 133 

391. School officers and teachers in the counties and cities of 
the state are instructed to require all children applying for admis- 
sion into the public free schools to be provided with such books 
as have been prescribed and duly selected according to the reg- 
ulations of this board, and none shall be enrolled or taught who 
are not so provided ; and any teacher violating the provisions of 
this section shall be fined not less than one, nor more than three 
dollars. 

392. Hereafter the school month shall consist of four weeks of 
five school days each, and deduction shall be made from the pay 
of teachers for every day they lose, except such days as may have 
been declared by boards of school trustees to be legal holidays. 

School attendance and sub-districts. 

393. Pupils may in all cases be admitted into graded schools of 
more than one teacher by the authorities thereof without refer- 
ence to the dividing lines of districts, sub-districts or counties, un- 
less forbidden by act of Assembly; in this and all other cases in 
which pupils attend school outside of their own districts in accord- 
ance with these regulations, the rate of tuition to be charged by 
the district receiving the pupil against the district to which the 
pupil belongs shall be a matter of previous agreement between 
the two school boards immediately concerned. Any tuition 
deemed proper by the school board of the district within which 
the school is situated may be charged against private parties 
sending children to such schools. 

394. It shall be lawful for any district school board to sub-dis- 
trict its territory or vary its boundary lines with a view to the 
improvement of its schools or to the better accommodation of 
particular neighborhoods, and in counties which have failed to 
adopt the provisions of the act to provide for the division of 
school districts into sub-districts and for the appointment of 
school directors, approved March yth, 1878, the district board or 
boards above mentioned shall, in carrying out the sub-districting, 
be governed by such provisions of the aforesaid act of Assembly 
as pertain to this subject namely, sections i, 2, 3,6 and 10 thereof. 

Admission of adults into the public schools. 

395. All persons between twenty-one and twenty-five years of p age 53> 
age, seeking admission into any public free school, must prepay a ^ 10 ' 
tuition fee at the rate of one dollar per month to the school board 
within whose territorial limits such school is taught, and receive 

from the school board a permit acknowledging the receipt of 



134 REGULATIONS OF BOARD OF EDUCATION. 

payment, specifying the school to be attended and the length of 
time which has been paid for : provided that in cities of the first 
class the amount of the tuition fee may be fixed by the city school 
board, but shall not exceed the average cost of tuition per scholar 
for the school session. 

396. No adult shall be enrolled or taught in a public school who 
has not previously presented to the teacher a permit from the 
school board of the district. Nor shall any adult be admitted or 
retained in any school to the detriment of the school or any of its 
pupils, or to the exclusion from the school of any child between 
the ages of five and twenty-one years. Nor shall any such adult 
be allowed to continue in the school after the expiration of the 
time specified in his permit. 

397. Adults received into a public school shall submit to the 
regulations of the school and to the authority of the teacher in 
like manner as other pupils, and shall not under any circum- 
stances have the right to claim a return of any part of the tuition 
fee paid to the school board, unless he has been excluded from 
the school in order to make room for younger pupils. 

398. It shall be the duty of the district clerk to record all per- 
mits granted and tuition fees received, and pay over the fees to 
the county treasurer, who shall give a receipt for same, and shall 
place the amount to the credit of the district, to be used for the 
payment of teachers therein. 

399. Clerks, treasurers and teachers shall keep their records so 
that in making their reports the statistics concerning this class of 
pupils may be given separately, according to such forms as may 
be prescribed by the Superintendent of Public Instruction. 

Nepotism. 

400. School officers are cautioned against all appearance of 
nepotism or favoritism in any form in the employment of teachers. 

As to introduction and uniformity of text-books, adopted April, 

1882. 

401. The text-books for use in the public schools of Virginia on 
Spelling, Reading, Arithmetic, Grammar, Geography, Penmanship 
and United States and Virginia History shall be selected from the 
list prescribed by the State Board of Education. 

402. The county school board of each county in the State shall 
determine which of the books licensed by the State Board of 
Education shall be used in the public schools of the county, but 



REGULATIONS OF BOARD OF EDUCATION. 135 

shall not adopt more than one book of the same grade on any of 
the branches required to be taught in the public schools. 

403. The county superintendent of each county shall appoint an 
advisory committee, to consist of not less than three nor more 
than five of the leading teachers of the county, preference being 
given to those holding professional certificates, who, in conjunc- 
tion with the county superintendent, shall meet, examine, and 
recommend for the consideration of the county school board such 
text-books as in their judgment would be best adapted to the 
wants of the public schools of the county; provided, however, 
that such selection shall be made from the State list only. The 
county superintendent shall act as chairman of said advisory 
committee, and shall call the committee together for the per- 
formance of its duties at least five days before the assembling of 
the county board for the adoption of text-books. The report of 
the advisory committee shall be submitted in writing. 

404. The contract between the State Board of Education and 
the publishers is limited to four years, namely from August ist, 
1882, to August ist, 1886, but the school board of each county 
shall, between the dates of August ist, 1882, and August ist, 1883, 
meet, upon the call of the county superintendent, and adopt from 
the State list a uniform series of text-books to be used in the 
public schools of the county, and arrange with the publishers for 
the introduction of the same into the schools: the books to 
remain in use not less than four years from the date of their 
adoption and introduction, provided they continue for so long a 
time on the list licensed by the State Board. The exact date of 
the meeting of the county board above provided for, shall be 
fixed by the county superintendent, who shall give timely notice 
to the members of the board of the day and place selected for 
the meeting. 

405. The new books shall be introduced in the formation of all 
new classes, and the old books shall be tolerated only when a 
commencement has previously been made in such books by a 
majority of the pupils in a class, in such case their use may be 
continued until the completion of those books by the class ; pro- 
vided, that after August ist, 1883, only the newly adopted books 
shall be used. If, however, the publishers of the newly selected 
books make satisfactory offers in reference to exchange of the 
new books for the old, the changes may be as sudden and com- 
plete as may be deemed advisable by the county board. 

406. As soon as the text-books for use in the schools shall have 
been determined on by the county school board, due public notice 



136 REGULATIONS OF BOAKD OF EDUCATION. 

shall be given by the county superintendent of the names, prices 
and mode of o.btaining the books, and of the regulations of the 
State Board of Education requiring every pupil to be supplied 
with the proper books before admission into any public school. 

407. It shall be the duty of the county superintendent to make 
early and efficient arrangements whereby supplies of books will 
be brought within reach of the children and sold on the terms 
indicated in the contract. He shall furnish each teacher with a 
copy of the regulations of the Board of Education concerning 
text-books, and also with a list of the books and prices agreed 
upon by the county school board, which list the teacher shall keep 
posted in his school-room. 

408. No teacher shall receive or teach any pupil who is not 
supplied with the proper books, and the faithfulness of the teacher 
in this particular shall not work to the detriment of the school in 
the matter of average attendance ; that is to say, the schools shall 
not be closed for lack of the number of pupils required for a 
lawful school if the deficiency has been occasioned by the rejec- 
tion of pupils for the reason given above. 

409. County superintendents shall require of each teacher ex- 
plicit statements in reference to text-books in every monthly 
report, and if any irregularity has been allowed the teacher shall 
be warned to obey the law, and after warning has been given, if 
irregularity is continued or repeated, it shall be the duty of the 
county superintendent to withhold his receipts for the teacher's 
monthly reports until he is satisfied that the law is observed pro- 
perly, and should a teacher be contumacious or persistently neg- 
ligent his license shall be cancelled. 

410. It shall be the duty of the county superintendent to see 
that these regulations are rigidly enforced, and he shall make 
monthly reports to the Superintendent of Public Instruction in 
respect to their observance and concerning other matters of duty, 
according to forms furnished by that officer. 

411. Although no teacher or school officer can receive any pay 
or percentage for supplying books to the children, yet any teacher, 
trustee, or superintendent may with propriety assist in bringing 
the books within easy reach of the children, and in receiving the 
price of the books and transmitting the same to any dealer who 
may entrust them with a gratuitous agency ; and any teacher or 
officer may with propriety buy with his own money and keep on 
hand books for the convenience of scholars. 

412. The duties and privileges conferred upon county superin- 



REGULATIONS OF BOARD OF EDUCATION. 

tendents and county school boards in the foregoing regulations 
shall apply also to city superintendents and city school boards. 

413. All regulations heretofore adopted by the Board of Educa- 
tion in reference to text-books which may be in conflict with the 
foregoing are hereby repealed. 



137 



19 



UNIVERSITY 




SUPPLEMENT 



COUNTY SUPERINTENDENTS OF SCHOOLS TO REPORT 
TO COMMISSIONER OF AGRICULTURE. 

414. That the Commissioner of Agriculture be required to receive, 1879-80, c. 
in the name of the state, from the county superintendents of schools, 174] >p> 
and preserve in proper form in his cabinet, any charts, maps, geologi- 
cal sections, mineral specimens, specimens of woods, specimens of the 
productions of their respective counties, and any written descriptions 
illustrating or pertaining to the physical structure and mineral or other 
resources of said counties which the above officers may be able to fur- 
nish ; and that the Commissioner of Agriculture shall include in his 
annual reports so much of the information thus furnished him as may, 

in his judgment, be conducive to the public interest. 

415. That the county superintendents of schools be instructed to com- Id. 2. 
bine with their regular official visits such examinations of the mineral 
deposits and geological structure of their respective counties, as far as 
may be practicable, and which, in their judgment, will not materially 
interfere with their official duties and which might increase their use- 
fulness, by means of information thus collected and imparted to school 
teachers, school officers, and the people generally, in regard to the 
geology, mineralogy and geography of their respective counties and of 

the state. 

416. That at least once a year the county superintendents of schools Id. 3. 
shall report to the Commissioner of Agriculture, giving the results of 
their observations and explorations of their respective counties. 



LAIS PASSED BY LEGISLATURE, SESSION 1883-'84. 



SCHOOL COMMISSIONERS. 

Appointments of District School Trustees. 

[This repeals sections 49, 50, 51, 52, 53, pp. 3940.] 

1883-84 ,c. 417. The general assembly shall, during the sessions of eighteen 

138, p. 177, ] iun( ] re{ j a nd eighty-three-four, and every four years thereafter, pro- 
ceed to elect three citizens of each county in this commonwealth, to be 
known as the county board of school commissioners, the members of 
said board to go into office on the first day of April succeeding 
their election, having first taken and subscribed the usual oath of office, 
and to hold their offices for the term of four years, or until their suc- 
cessors are duly elected and qualified. 

Id. 2 2. 418. The said board shall elect one of their number chairman and 

another secretary ; and any two shall constitute a quorum for the trans- 
action of business ; and any vacancy occurring in any of the said county 
school electoral boards, during the recess of the legislature, shall be 
filled by appointment of the judge of the circuit court of the county in 
which such vacancy may occur ; said appointee to hold office until 
thirty days after the next meeting of the general assembly. 

Id. #3. 419. The general assembly may elect said county school electoral 

boards in a joint resolution for that purpose, embracing all the counties 
of the commonwealth. 

Id. 4. 420. All vacancies existing or occurring in district boards of school 

trustees shall be filled by said county school electoral boards : provided 
that no person who is unable to read and write shall be appointed a 
school trustee : and provided, further, that nothing in this act shall be 
construed as giving authority or power to said electoral board to in- 
terfere in any way with the appointment, as heretofore, of school trus- 
tees by municipal councils, or to disturb in any way the present law 
bearing on the action of said municipal councils in the premises. 

Id. 5. 421. The said school trustee electoral boards shall have power, and 

it shall be their duty, to declare vacant and to proceed to fill the office 
of any trustee in their respective counties who fails to qualify and to 
deliver to the clerk of the board his official oath, in the usual form, 
within thirty days after he has been notified of his appointment; 



PUBLIC FREE SCHOOL LAW. 141 

which notification shall be promptly given by the clerk. The board 
shall also vacate the office of any and every trustee who fails to dis- 
charge the duties of his office according to law. 

422. Any member of said board may call a meeting by notifying Id. g6, p. 178. 
the other two. All proceedings shall be recorded in a bound volume ; 

and such record book and stationery as may be necessary shall be paid 
for from the county-school fund : provided the cost of the same shall 
not exceed five dollars in any one year. It shall also be the duty of 
the clerk of said board to furnish the board of education with a list of 
school trustees and such other information as may be called for. 

423. The clerk shall convene the said electoral board promptly when Id. 7. 
unexpected vacancies occur, and also at least thirty days before the ex- 
piration of regular terms of office, so that district boards may be kept 

full and no members be left to hold over unnecessarily. 

424. All acts and parts of acts inconsistent herewith are hereby re- Id. 8. 
pealed. 

SCHOOL TKUSTEES IN CITIES AND INCORPORATED TOWNS 
OF FIVE THOUSAND INHABITANTS AND OVEE. 

425. That section seven of chapter seventy-nine of the Code of eigh- 1883-84, c. 
teen hundred and seventy-three be and the same is hereby repealed. 344'. 

426. That the places of all trustees now in office, in towns and cities Id. 2. 
of five thousand inhabitants and over, be and become vacant on the 
expiration of thirty days from the passage of this act. 

427. That the councils of such cities and towns shall, as soon as may Id. 3. 
be after the passage of this act, elect trustees, not exceeding three for 
each school district of their respective corporations, and shall designate 
which of such trustees shall go out of office in one year, which in two 

and which in three years : provided, however, that the foregoing pro- 
visions of this and the whole of the fourth and fifth sections of this act 
shall not apply to the city of Winchester, but in lieu thereof, the cor- 
poration court of Winchester shall, as soon as may be after the passage 
of this act, choose the trustees for said city. In all other respects this 
act shall apply to the city of Winchester. 

428. The term of all trustees so elected shall begin on the thirty- id. 4, p. 
first day after the passage of this act : provided, however, that the 345< 
provisions of section two, three, and four shall not apply to the cities of 
Norfolk and Alexandria, and shall not apply to the city of Petersburg 

until on and after July second, eighteen hundred and eighty-four. 

429. All vacancies in the school board, arising from whatever cause, Id. 5. 
shall be filled by the councils of such cities or towns. 

STATE FEMALE NORMAL SCHOOL. 

430. There shall be established, as hereinafter provided, a normal 1883-84, Id. 
school expressly for the training and education of white female teachers ' p ' 

for public schools. 



142 PUBLIC FREE SCHOOL LAW. 

Id. g 2. 431. The school shall be under the supervision, management, and 

government of W. H. Ruffner, J. L. M. Curry, John B. Minor, R. M. 
Manly, L. E. Holland, John L. Buchanan, L. A. Michie, F. N. 
Watkins, S. C. Armstrong, W. B. Taliaferro, George O. Conrad, W. E. 
Gaines, and W. W. Herbert, as a board of trustees. In case of any 
vacancy, caused by death, resignation, or otherwise, the successor shall 
be appointed by the governor. The superintendent of public instruction 
shall be ex-officio a member of the board of trustees. 

Id. 3. 432. Said trustees shall, from time to time, make all needful rules 

and regulations for the good government and management of the 
school, to fix the number and compensation of teachers and others to 
be employed in the school, and to prescribe the preliminary exami- 
nation and conditions on which students shall be received and instructed 
therein. They may appoint an executive committee, of whom the 
superintendent shall be one, for the care, management, and government 
of said school, under the rules and regulations prescribed as aforesaid. 
The trustees shall annually transmit to the governor a full account of 
their proceedings under this act, together with a report of the progress, 
condition, and prospects of the school. 

Id. 4. 433. The trustees shall establish said school at Farmville, in the 

county of Prince Edward : provided said town shall cause to be con- 
veyed to the state of Virginia, by proper deed, the property in said 
town known as the Farmville female college ; and if the said property 
be not so conveyed, then the said trustees shall establish said school in 
such ot?.er place as shall convey to the state suitable grounds and 
buildings for the purposes of said school. 

Id. 5, p. 434. Each city of five thousand inhabitants, and each county in the 
state, shall be entitled to one pupil, and one for each additional repre- 
sentative in the house of delegates above one, who shall receive 
gratuitous instruction. The trustees shall prescribe rules for the 
selection of such pupils and for their examination, and shall require 
each pupil selected to give satisfactory evidence of an intention to 
teach in the public schools of the state for at least two years after leav- 
ing the said normal school. 

Id. 6. 435. The sum of five thousand dollars is hereby appropriated to 

defray the expense of establishing and continuing said school. The 
money shall be expended for that purpose under the direction of the 
trustees, upon whose requisition the governor is hereby authorized to 
draw his warrant on the treasury. 

Id. 1 7. 436. There shall be appropriated annually, out of the treasury of the 

state, the sum of ten thousand dollars to pay incidental expenses, the 
salaries of officers and teachers, and to maintain the efficiency of the 
school, said sum to be paid out of the public free school fund : provided, 
however, that the commonwealth will not in any instance be responsi- 
ble for any debt contracted or expenditure made by the institution in 
excess of the appropriation herein made. 



PUBLIC FREE SCHOOL LAW. 143 

437. The superintendent of public instruction shall render to the Id. \ t. 
second auditor an annual account of the expenditures under this act. 

PEOVIDING FOE AN EIGHT WEEKS' COUESE OF INSTRUC- 
TION, FOE THE COLOEED TEACHEES IN THIS STATE, 
AT THE VIRGINIA NOEMAL AND COLLEGIATE INSTI- 
TUTE. 

438. The president and faculty of the Virginia Normal and Collegiate 1883-84, g 1, 
Institute shall be required, during each and every year, to conduct a 

normal course of instruction for the benefit of the colored teachers in 
the public schools of this state, or those who expect to make teaching 
a profession said normal course to commence on some day between 
the, eighteenth and twenty-fifth days of July, to be fixed by the state 
superintendent of public instruction, and continue for eight weeks. 

439. The president of the said Normal and Collegiate Institute, who Id. 2. 
shall be appointed for a term of three years by the state board of edu- 
cation, with the superintendent of public instruction of this state, may 

so divide the said faculty as that a part of it may relieve the other 
from the class-room during the aforementioned eight weeks' normal 
course of instruction. 

440. The annual salary paid the instructors in the said normal school Id. g 3, p. 
shall be regarded as covering the time in which they are engaged in 
giving instruction in the said normal course : provided this shall not 
prohibit, the superintendent of public instruction from employing com- 
petent and skilled normal school lecturers to assist the regular faculty 

in conducting the normal course, or from supplementing the salary of 
the said faculty from any funds that may -be at his disposal for the pur- 
pose of conducting normal institutes : provided the money so to do 
comes from some other than state school funds. 

441. When any county or city superintendent of schools shall be Id. \ 4. 
notified of the -time of the commencement of said normal course, he 
shall notify all the colored school teachers in his city or county, and said 
teachers shall be required to attend said normal course at least one 
month in each year, except prevented by sickness ; and should any 
teacher fail to attend any session, or any part of said normal course, 

for five consecutive school years, then the superintendent shall revoke 
said teacher's license, and he shall not be allowed to again enter the 
profession as a teacher until after he or she shall have attended at least 
one session of said normal course of instruction, unless excused by the 
board of education : provided this section shall not include married 
women. 

442. The teachers, in attending such normal course, may occupy the Id. g 5. 
rooms of the school, and in all respects have the same accommodations 

as the regular students have during the regular sessions of instruction, 
and subject to the rules and regulations made for their government by 



144 PUBLIC FREE SCHOOL LAW. 

the board of education. They shall receive certificates for proficiency 
and attendance, and such other marks for distinction as the board of 
education may think proper and by rules establish. 

I( * f ^ 6< 443 The charge for board shall not exceed eight dollars per month 

while attending said sessions, and should it exceed that sum, the de- 
ficiency shall be paid from the annuity to this school. 

I( ^- 7 - 444. All the normal school buildings, the regular employees, and so 

forth, shall be placed at the disposal of the board of education for this 
purpose during the above mentioned eight weeks, without additional 
cost, except that nothing herein shall be construed to prevent the su- 
perintendent of public instruction from using any money at his dispo- 
sal to further and promote the objects of this normal course of instruc- 
tion among the colored teachers in any other part of the state. 

NOEFOLK CITY SCHOOL BOAKD.* 

1883-84, 70, 445. The board of school trustees for the city of Norfolk shall con- 
sist of two members from each ward of said city, together with the 
president of the common council, and the president of the select 
council, who shall be ex-officio members of said board. 

Id. 71. 44g < There shall be elected by the qualified voters in each ward of 

said city, on the fourtli Thursday of May, eighteen hundred and eighty- 
four, and biennially thereafter, one elector as a member of the board of 
school trustees, who shall be a resident of the ward during his term of 
office, to serve for two years and until his successor is appointed and 
qualified. The persons so elected in eighteen hundred and eighty-four, 
shall succeed the members of the present board, whose term will expire 
on the first day of July, eighteen hundred and eighty-four. 

Id. 72. 447. And the persons elected on the fourth Thursday of May, 

eighteen hundred and eighty -six, shall succeed the members of the 
present board, whose terms will expire on the first day of July, eighteen 
hundred and eighty-six. In case of a vacancy in the board, the mem- 
bers thereof shall elect a qualified person to fill the same, from the 
ward in which such vacancy exists, for the unexpired term. 

Id. g 73. 448. The said board of school trustees shall have and exercise all 

the powers and duties which have been heretofore, or may hereafter, be 
vested in the school board of said city, by law or ordinance. 



SCHOOL TAX HOW PAID. 

1883-84, g 449. All taxes assessed on property, real or personal, by this act, and 

' p> 'by it dedicated to the maintenance of the public free schools of the 

state, shall be paid and collected only in lawful money of the United 

*This act is clearly unconstitutional. Second clause of section 3 of art. 7 of the 
Constitution says : "In each school district there shall he elected or appointed 
annually one school trustee, who shall hold his office three years : provided that at 
the first election held under this provision there shall be three trustees elected, 
whose terms shall be one, two, and three years respectively." 







PUBLIC FREE SCHOOL LAW. 145 

States, and shall be paid into the treasury to the credit of the free 
school fund, and shall be used for no other purpose whatsoever. And 
to this end the auditor of public accounts shall have the books of the 
commissioners of the revenue prepared with reference to the separate 
assessment and collection of said school tax, and the several treasurers 
of the commonwealth shall have the tax bills in their counties or 
corporations so made out as to specify the amount of tax due from each 
tax-payer to the said public free school fund, including the capitation 
tax and school taxes of whatever kind or nature, and to keep said 
capitation tax and school taxes separate and distinct from all other 
taxes or revenues so collected by him, and forward the same, thus 
separate and distinct, to auditor of public accounts, which shall be kept 
separate and distinct by him from all other taxes or revenues until paid 
to the public free schools. 

A NON-RESIDENT OF A CITY HOW TO SEND HIS CHIL- 
DREN TO CITY SCHOOL. 

450. It shall be lawful for any person who is a tax-payer and id. 1, p. 
citizen of Virginia, owning real estate to the assessed value of fifteen 669 ' 
hundred dollars in any city, town or county school district of the 
commonwealth, to send his children to any public free school in any 

city, town, county, or school district, subject to the laws regukting 
public free schools therein, as though said tax-payer resided in such 
city, town, or school district ; and any guardian who is owner of such 
real estate and tax-payer for his ward or wards as aforesaid, shall be 
entitled to the privileges above named for his ward or wards, if such 
ward or wards be residents of the state. 

HOLDING OF CERTAIN OFFICES INCOMPATIBLE. 

451. No person holding the office of attorney for the commonwealth, Id. 5, p. 
judge of the county court, clerk of the county or circuit court, or sheriff, 671- 
county or city treasurer, or superintendent of public schools for any 
county or corporation, shall hold any other office elective by the people ; 

and if any person shall be elected to two or more of such offices, his 
qualification in one shall be a bar to his qualification in any other, and 
they shall be filled as other vacancies. 

TEACHERS' INSTITUTES. 

452. The board of education shall have power, at its discretion, to id. g 47, p. 
invite and encourage meetings of teachers at convenient places, and to 672< 
provide addresses to be made before such meetings touching the pro- 
cesses of school organization, discipline, and instruction : provided that 

no public money shall be expended for the purposes of this section ; 
that no such meeting of teachers shall be held during the period of the 
year when the schools are or should be open ; that no teachers shall be 
compelled to attend such meetings, nor be paid for attendance. 



146 PUBLIC FREE SCHOOL LAW. 



DECLARING VACANT THE OFFICES OF SUPERINTEN- 
DENTS IN CERTAIN CASES, &c. 

Id. 1, p. 453. The office of superintendent of public free schools and the 
office of city superintendent of schools, in any of the counties or districts 
or cities of the commonwealth, shall be deemec^Jvacant in the following 
cases, and upon the happening of any one of the following events: The 
refusal of the senate to confirm his nomination, his death, resignation, or 
removal from the county or city for which he was appointed such 
superintendent, the expiration of his term of office, or his removal from 
office by competent authority. 

Id. \ 2. 454. It shall not be lawful for the board of education, or the 

governor, during the periods when the senate is not in session, to appoint 
as school superintendent, for any county or city of this commonwealth, 
any person who, having been previously nominated by said board for 
the position of superintendent of schools, has been rejected by the 
senate. 

PROHIBITING THE ACTIVE PARTICIPATION IN POLITICS 
OF CERTAIN OFFICERS OF THE STATE GOVERNMENT. 

Id. g 1, p. 455. It shall not be lawful for the judge of any court, the super- 
intendent of public instruction, any superintendent of schools, the 
superintendent, manager, or any employee of any asylum or state 
institution of learning, actively to induce or procure, either directly or 
indirectly, or to attempt either directly or indirectly to induce or pro- 
cure any qualified elector to vote in any election for any particular 
candidate, or in favor of any particular political party, or to vote against 
any particular candidate, or against any particular political party. 

Id. g 2. 456. It shall not be lawful for any of the officers or employees men- 

tioned in the foregoing section to participate actively in politics, and 
making political speeches, or the active or official participation in 
political meetings, shall be deemed to be an active participation in 
politics within the meaning of this section. 

Id. % 3. 457. Any person offending under either of the foregoing sections 

shall be deemed guilty of a misdemeanor, and upon conviction thereof 
shall be fined no less than fifty dollars nor more than five hundred 
dollars for each offence. Any person prosecuted under section one of 
this act may be examined as a witness in his own behalf. 

Id. g 4. 458. Any person convicted under this act shall forfeit the office or 

appointment held by him, and it shall be the duty of the court, wherein 
such party is convicted, to declare the office or appointment so held by 
such person vacated, and such vacancy shall be filled in the mode pre- 
scribed by law for filling vacancies occurring in such office. 



PUBLIC FREE SCHOOL LAW. 147 



PEOVIDING FOE CEETIFICATES OF ELECTION FOE GEE- 
TAIN OFFICEES ELECTED BY THE GENEEAL ASSEMBLY. 

459. It shall be the duty of the keeper of the rolls, immediately id. \ 1, p. 
after any election by the general assembly of any officers mentioned in 4 ' 
this act, to cause a list of all school commissioners, who may be elected 
under the act entitled an act to amend and re-enact an act approved 
January eleventh, eighteen hundred and seventy-seven, entitled an act 
to provide for the appointment and removal of district school trustees, 
and to repeal the fourth clause of the seventh section of the seventy- 
eighth chapter of the Code of eighteen hundred and seventy-three, 
which became a law on the twentieth of February, eighteen hundred 
and eighty-four, and all members of the county or city electoral boards, 
who may be chosen under the act in force February fourteenth, eighteen 
hundred and eighty-four, entitled an act to provide for the manner of 
choosing registrars and judges and clerks of election, and to repeal 
sections eight and 'twenty-four of chapter eight, and sections two and 
three of chapter seven of the Code of eighteen hundred and seventy- 
three, and the keeper of the rolls will certify such lists to the secretary 
of the commonwealth. It shall be the duty of the secretary of the 
commonwealth, upon the receipt of any such list, to make out, sign, 
and mail to each person so elected, u certificate, setting forth the fact of 
such election, the name of the person elected, and the office and term 
for which he was elected ; which certificate shall be evidence of the 
facts therein stated, and to which shall be appended the oath to be 
taken by such person. 



INDEX 



ALEXANDRIA COUNTY. 

Section. Page. 

122. May impose an additional tax for school purposes 56-57 

APPEALS. 

loo. From action of District Board in locating school-house or dis- 
continuing school ; how taken 50 

27. From decisions of Superintendent Public Instruction 35 

44. From decision by County Superintendents 38 

152. From action of District Boards in forming sub-districts ; how 

taken 67-68 

152. How taken from action of County Boards in forming sub-dis- 
tricts from districts belonging to different counties 68 

159. From action of School Directors and District Board ; how 

taken 70 

160. From action of District Boards in extending lines of separate 

school districts 71 

334. From action of City Superintendent 121 

ATTORNEY FOR COMMONWEALTH. 

149. To act as Attorney for County School Board 66 

90. To prosecute for fines 47-48 

49. Member of Trustee Electoral Board 39 

AUDITOR OF PUBLIC ACCOUNTS. 

129. Duty of with reference to Commissioners of Revenue books 

and school levies 59 

131. To make estimate of funds upon receipt of Commissioners' 
books and report to Superintendent of Public Instruction 
ninety per centum as basis for distribution. Superintendent 
to furnish the Auditor with statement of amounts due coun 

ties and corporations on this basis 60 

131. Warrant to issue to Superintendents 60 

135. To furnish Superintendents with blank warrants 61 

137. To pay arrearages of State fund quarterly , 61-62 



140 INDEX. 

Section. Page. 

138. Chapters 248 of Acts 1877-8 and 127 of Acts 1878-9 repealed, 62 

139. To return to schools a portion of moneys diverted there- 

from 62-63 

142. Requisition for State money from Superintendents 63-64 

288. To pay annual appropriation to Virginia Normal and Colle- 
giate Institute 108 

BOARD OF EDUCATION. 

3. Of whom composed 32 

4. Place and time of meeting... 32 

5. Record of proceedings 32 

6. Literary funds, how recoverable 32-33 

7. To make by-laws and regulations for its government... 32 

8. To suggest improvements in system to General Assembly 32 

9. To invest unappropriated capital and income of Literary Fund, 32 

10. To appoint and remove county Superintendents of schools.... 33 

11. To decide appeals from decisions of Superintendent Public 

Instruction 33 

12. To determine contingent expenses of Superintendent's office 

and examine accounts of same ... 33 

13. To audit claims and issue warrants on Second Auditor 33 

14. To approve appointments of first and second clerks and fix 

their salaries 33 

15. To regulate all matters pertaining to the system not otherwise 

provided for 33 

16. To make annual report to Legislature 34 

17. To punish county Superintendents for neglect of duty 34 

64. To fix time of meetings of Board of School Trustees 41 

57. Members of shall not be interested in supplying text books, &c. 47 

96. Teachers meetings to be encouraged 48 

105. Power to remove Superintendents for violation of this section 

or discrimination in pay of teachers 53 

114. To provide uniformity of text-books 54~55 

116. To establish number of schools according to amount of funds 

available 55 

117. To guard against multiplication of schools without sufficient 

funds 55 

118. Literary Fund invested in 55 

140. To apportion moneys received from Norfolk and Western Rail- 

road Company 63 

161. To provide regulations for carrying out the provisions of act 

of Legislature i877~'8, chapter 161 71 

162. May relieve counties of Fairfax and Loudoun from the opera- 

tion of the sub-districting act 71 

234. Authorized to sell land scrip donated by United States, pro- 
ceeds, how invested 92 



INDEX. 141 

Section. Page. 

254. To turn over funds to Board of Visitors of Virginia Agricul- 
tural and Mechanical College , 97 

265. Members of corporation " The Miller Manual Labor School of 

Albemarle " 101 

268. Duty as to fund, etc., of " Miller Manual Labor School " 102 

269. To keep and preserve funds, stocks, securities, etc., of Miller 

Fund ; liability therefor 102-103 

271. To execute deed of release in reference to estate of Samuel 

Miller 103 

275. Commission to select site for Virginia Normal and Collegiate 

Institute to report to 105 

278. To fill vacancies in Board of Visitors of Virginia Normal and 

Collegiate Institute 106 

279. Board of Visitors of Virginia Normal and Collegiate Institute 

to make annual report to 106 

285. To approve salaries of professors and teachers of Virginia 

Normal and Collegiate Institute 107 

286. To approve bond of treasurer of Virginia Normal and Col- 

legiate Institute 108-109 

288. State Treasurer to place to credit of Board appropriation for 

Virginia Normal arid Collegiate Institute; how paid 108 

327. To fill vacancies in city School Trustees when 119 

331. To appoint separate City Superintendent when 121 

337. To appoint and remove City Superintendent 121 

339. Authority in reference to text-books in Richmond, Petersburg 

and Norfolk 122 

349. Refusal of Superintendent to examine teachers to be reported 

to 125 

400. To prescribe list of text-books 134 

403. Contract as to text-books limited 135 

412. Regulations in reference to text-books heretofore adopted in 

conflict with new repealed I 3^~7 

BOARD OF SUPERVISORS. 

123. County School Board, on or before first Wednesday in No- 

vember, to file an estimate of money needed for support of 
schools in county 57 

124. County School Board, on or before first Wednesday in No- 

vember, to file separate estimates of money needed in each 

school district 57 

125. To meet on request of Superintendent of Schools, when 58 

126. To levy tax for county and district free schools , 58 

127. Authority given to levy tax on roadway and track, depots, 

&c., of any railroad company and its telegraph lines as- 
sessment, how based 58 



142 INDEX. 



BOARD OF REFERENCE. 

Section. Page. 

zoo. How formed, duties, &c 50 

152. To decide appeals from action of District Boards in forming 

sub-districts from two or more districts 67 

152. How formed in case of appeals from action of County Boards 
in forming sub-districts from parts of two or more coun- 
ties 68 

159. Appeals to, from action of District Boards 71 

CENSUS. 

75. To be taken every five years 43 

154. To be taken of sub-districts, when 69-70 

CITY SUPERINTENDENTS. 

132. To endorse Auditor's warrant and deposit with Treasurer of 

corporation 60 

331. By whom appointed 120-121 

332. Compensation 121 

333. May teach in public schools 121 

334. May suspend or dismiss pupils, subject to appeal 121 

335. Privileges in meetings of School Boards 121 

336. Under same regulations as county Superintendents 121 

337. How appointed or removed 121 

133. To take up warrants of School Board and issue new ones, 

limit of aggregate amount 60 

135. Auditor to furnish blank warrants to 61 

342. Must file oath of office with Superintendent of Public Instruc- 
tion 123 

342. United States officers prohibited from holding office of Super- 
intendent 123 

346. Must enforce regulations , 124 

347. To make monthly reports to Superintendent of Public In- 

struction when due fine for failure 124 

348. To fix times for examining teachers prohibited from exam- 

ining at other times may admit public 124 

349. Duties in examining teachers may refuse to examine in case 

of refusal must report to Board of Education 125 

350. To prepare list of questions for examination of teachers and 

forward copy of same to Superintendent Public Instruction, 125 

351. Examination papers to be endorsed and filed: to furnish 

copy J25-6 

354. To issue warrants on Treasurer for school fund apportioned 

under Grandstaff Act 126 

355. To apportion school money 126 



INDEX. 143 

Section. Page. 

359. To see that books of District Clerk are correctly kept and 

school funds properly applied .'.. 127 

360. To require Treasurer to make stated reports in reference to 

school funds 127 

361. To require annual report from Treasurer 127 

363. To enter reports of Treasurer and apportionments of school 

funds in record book 128 

364 To keep a record of applicants for teachers' certificates 128 

367. Boards to furnish at August meeting an annual detailed report 

of work done 128-9 

389. To hold Institute at least annually may examine teachers at 

same 132 

411. Duties and privileges conferred in reference to regulations of 

Board of Education 136 

CITY SCHOOL BOARDS. 

323. Powers to prescribe number and boundaries of school dis- 

tricts, number of trustees, etc 118 

324. Incorporated, style of corporation 118-119 

325. Authority; quorum; clerk and his pay 119 

326. Who ineligible as Superintendent ; eligibility of members of 

Council on City School Boards 119 

327. How constituted ; vacancies, how filled ; Council failing to act 

on vacancies; appointment by State Board 119 

328. Cannot raise or use funds for any school that is not a part of 

the free-school system 120 

329. To make estimate for Council of school funds needed 120 

330. State funds for cities ; how apportioned and disbursed 120 

334. Appeals from action of Superintendent in suspending or dis- 

missing pupils tO 121 

335. Superintendent's privileges in meetings of 121 

336. Subject to same rules as District Boards 121 

338. Powers and duties of 121 

339. Shall prescribe text-books 122 

411. Duties and privileges conferred in reference to regulations of 

Board of Education 136 

CITY COUNCILS. 

323. To approve number and boundaries of school districts, num- 
ber of trustees, etc 118 

326. Member of ineligible to act as Superintendent ; may serve as 

a member of School Board ; number limited 118-119 

327. To rill vacancies in School Trustees; failure to do so, how ap- 

pointed 119 

328. To levy tax for public schools 120 



144 INDEX. 

Section. 

329. School Board to furnish estimate of school funds needed to... 120 
340. To 'make appropriations for school purposes ; tax limited ; 
Council of Richmond given same discretion as to school 
funds as County Supervisors 121 

CLERK OF DISTRICT SCHOOL BOARD. 

68. Penalty for failure to make report to Board 42 

74. Duties of 43 

76. To keep record of proceedings of Board, official acts, &c 43 

77. Compensation 44 

75. To take school census and submit same to District Board, 

compensation therefor , 43 

87. Cannot be interested in supplying text-books, &c 47 

88. Penalty for failure to turn over papers, books, &c., to suc- 

cessor 1 47 

104. r To file with Superintendent certificate as to length of time 

schools have been in operation 52 

145. Compensation, how drawn 64 

147. To report to County School Board annually all official trans- 

actions 65 

148. Penalty for failing to make annual report to County Board 65-66 

154. To furnish copy of act to meeting for election of school 

directors 68-69 

156. To take census of sub-districts, when 69-70 

362. Superintendent to notify of apportionment of district funds... 127 
371. To furnish list of patrons of school when needed for a meet- 
ing 129 

397. To record permits and receive tuition fees 134 

398. Records concerning admission of adults in schools, how kept, 134 

CLERK COUNTY SCHOOL BOARD. 

81. How appointed, compensation 45 

88. Penalty for failure to turn over books, &c., to successor 47 

148. To enter fine against delinquent county treasurer or clerk 

District Board 65-66 

COUNTY SUPERINTENDENTS. 

34. How appointed, term of service 36-37 

35. Compensation, how determined i 37 

36 and 144. Salaries, how paid 37 and 64 

37. Duties , 37 

38. To explain system 37 

39. To prepare scheme for apportioning State and county school 

funds and furnish copies thereof 37 



INDEX. 145 

Section. Page. 

40. To examine teachers and grant certificates 37~38 

41. To promote improvement and efficiency of teachers 38 

42. To assist in organizing boards of district school trustees 38 

43. To visit and examine schools and school districts, examine 

records and official papers of school districts, advise and 

counsel teachers, &c 38 

44. To decide appeals or complaints 38 

45. To administer oaths and take testimony 38 

46. To keep record of official acts ,.... 38 

47. To require reports from clerks of boards annually or oftener... 38-39 

48. To observe regulations prescribed by Superintendent Public 

Instruction and make reports 39 

49. A member of Trustee Electoral Board 39 

51. Clerk of Electoral Board , 40 

53. To report failure of clerk District Board to make annual 

report 40 

57. To call first meeting of Board of School Trustees 41 

70. To name and number school districts 42 

75. To require clerk District Board to take census 43 

78. A member of County School Board 44 

79. Is President of Board..... 44 

87. Cannot be interested in supplying text-books, &c 47 

loo. To appoint Board of Reference to decide appeals from action 
of District Boards in locating school houses or discontinu- 
ing schools 50 

102. To condemn school-houses. Trustees must consult Superin- 
tendent in reference to building school houses 51 

125. Salary of Superintendent of Nelson county may be increased 

and paid out of county and district fund, when 57 

132. To endorse Auditor's warrant and deposit with Treasurer of 

county 60 

133. To take up warrants of District School Board and issue new 

ones, aggregate amount not to exceed amount of Auditor's 

warrant; penalty for exceeding 60 

135. Auditor to furnish Superintendents with blank warrants 61 

146. County Treasurer to render annual account of school money 
received and disbursed ; account to be forwarded to Super- 
intendent Public Instruction 65 

148. To visit and examine books, &c., of delinquent clerks before 

forwarding annual report ' 65-66 

156. Report of census of sub-districts to be reported to 70 

160. Authority in respect to teachers and schools not interfered with, 71 

342. Must file oath of office with Superintendent Public Instruction, 123 

343. United States officers prohibited from holding office of Super- 

intendent 124 

344. Prohibited from teaching in public schools 124 

20 



146 INDEX. 

Section. Page. 

346. Must enforce laws and regulations 124 

347. To make monthly report to Superintendent Public Instruc- 

tion when due fine for failure 124 

348. To fix time for examining teachers prohibited from exam- 

ining on other dates may admit the public 124-5 

349. Duties in examining teachers; may refuse to examine; in 

case of refusal must report to Board Education 125 

350. To prepare list of questions for examinations and forward 

copy of same to Superintendent Public Instruction 125 

351. How examination papers to be endorsed and filed; to furnish 

copy 125 

354. To issue warrants on Treasurer for apportionment of school 

funds under Grandstaff act 126 

355. To apportion State money to districts 126 

359. To see that the books of district clerks are correctly kept and 

school fund properly applied 127 

360. To require County Treasurer to make stated reports in refer- 

ence to school funds 127 

361. To require annual report from Treasurer... 127 

362. To apportion district funds and notify clerks of District 

Boards 127 

363. To enter reports of Treasurers and apportionments of school 

fund in record-book 128 

364. To keep a record of applicants for teacher's certificate 128 

367. Boards at any meeting to furnish detailed report of year's 

school work, etc. ; salary of teachers to be reported and 
confirmed 128 

368. Boards at October meeting to make and forward estimate of 

funds needed in district, to be submitted to County Board.... 129 

379. To approve time fixed for opening and closing school 130 

380. Boards to report when contracting with teacher 130 

382. To see that no teacher is paid for more than the average at- 

tendance 131 

383. Duties of in certain cases where average cannot be obtained... 131 

384. Report to be made when average is reduced from certain 

causes 131 

388. May renew professional certificate 132 

389. To hold institute at least annually ; may examine teachers at 

same 132 

402. To appoint advisory committee to select text-books, and act 

as chairman of same ; time of meeting 134 

403. To fix time of meeting of County Board to select text-books .. 135 

405. To give public notice of adoption of text-books 135 

406. To make arrangements for sale of text-books, each teacher to 

be furnished with copy of regulations of Board of Educa- 

cation and price-list of books 135 



INDEX. 

Section. 

408. To require report from teacher as to use of text-books, and to 

withhold receipt for monthly report for violations 136 

409. To see that the regulations of Board of Education are en- 

forced and make monthly reports to Superintendent Public 
Instruction I 3^ 

COUNTY SCHOOL BOARDS. 

78. How formed 44 

79. To elect Vice-President 44 

80. President to call meetings 44 

81. Record of proceedings, by-laws, appointment and compensa- 

tion of clerk, etc 45 

82. Annual meeting 45 

83. Property vested in Board 45~46 

84. Annual report to Superintendent Public Instruction 46 

85. County Treasurer to collect, disburse or invest funds under 

direction of Board 46 

98. Donations of property to county vested in 49 

in. May sanction introduction of higher branches in school 54 

123. Estimate of school fund needed for county to be furnished 

Board of Supervisors 57 

124. Separate estimate of district funds to be laid before Board of 

Supervisors 57 

125. President to request Board of Supervisors to meet to examine 

estimates 57 

134. At annual meeting in August to compare warrants of District 
Board with those issued by Superintendent and report to 
State Superintendent 61 

147. County Treasurer and clerks of District Boards to make an- 

nual report , 65 

148. Penalty for failure of County Treasurer and Clerk of District 

Board to make annual report 65-66 

149. To institute legal proceedings against delinquent County 

Treasurer, clerks of District Boards, or other officials, 

when necessary 66 

152. May form sub-districts from districts of different counties 68 

162. May adopt at their discretion act of 1878. chapter 161, provid- 
ing for the division of school districts into sub-districts and 
appointment of School Directors (except Fairfax and Lou- 
doun) 161 

162. County Boards of Fairfax and Loudoun may apply for relief 

from provisions of this act when 161 

328. Cannot use school funds for school not a part of the free- 
school system 120 

365. To hold two meetings each year ; date of said meetings 128 



148 INDEX. 

Section. Page. 
368. Superintendents to submit estimates for funds needed in each 

district 129 

401. To make selection of textbooks 134 

403. Time of meeting to adopt text-books 135 

COUNTY TREASURERS. 

85. To collect, disburse or invest funds under control of County 
School Boards, compensation therefor, liable on official 
bond for proper application 46 

130. To receive, collect and disburse all funds for school purposes, 

keep district, State and county funds separate, compensa- 
tion, &c 59 

131. To accept Auditor's warrant from Superintendents 60 

132. To credit Superintendent Schools with amount of warrant 

from Auditor 60 

133. Not to pay warrants on State fund unless issued by Superin- 

tendent, nor exceed amount to credit of Superintendent ; 

penalty for violation 60-61 

142. To notify County Superintendent of receipt of State funds 63-64 

144. To transmit warrant for pay of Superintendents to Superin- 
tendent Public Instruction when correctness doubted 64 

146. To render to County Superintendents account of receipts and 

disbursement of school moneys annually or oftener 65 

147. To furnish County School Board report of transactions in re- 

ceipt and disbursement of school funds 65 

148. Penalty for failure to make annual report 65-66 

354. To pay warrants of Superintendents on fund apportioned un- 
der GrandstafF act 126 

360. To make stated reports to Superintendent 127 

361. To make annual report to Superintendent 127 

398. Records regarding tuition fees received ; how .kept 134 

COUNTY COURT OF ALBEMARLE. 

268. Duty of as to Miller Fund, expense's, etc., of Miller Manual 

Labor School 102 

COMMISSIONERS OF REVENUE. 

129. To keep separate the tax for each school district 58-59 

CONSTITUTION OF VIRGINIA. 

Preamble to Constitution 1-3 

Art. i Bill of rights 3-5 

Art. 2 Division of power between departments 5-6 



INDEX. 149 

Section. Page. 

Art. 3 Elective franchise and qualification for office 6-7 

Art. 4 Executive department 7-10 

Art. 5 Legislative department 10-14 

Art. 6 Judiciary department 15 

Court of Appeals 15 

Circuit Courts 16-17 

County Courts 17 

Government of cities and towns 17-20 

Art. 7 County organization 20 

Magisterial districts 20 

School districts 20-21 

Art. 8 Education , 21-23 

Art. 9 Militia 23 

Art. 10 Taxation and Finance 23-26 

Art. ii Miscellaneous provisions 26 

Homestead and other exemptions 26-27 

Church property 27 

Heirship of property 27 

Art. 12 Future changes in Constitution 27-28 

Schedule 28-29 

Common law and present statutes in force 28 

Writs, remedies, rights, prosecutions and charters continued 28 

Indictments proceeded with 28-29 

Courts to have their jurisdiction 29 

Fines, penalties, forfeitures, and escheats to accrue to State 29 

Recognizances, bonds, obligations, &c., entered into to State or 

county, &c., binding; rights and liabilities continue 29 

Crimes to be prosecuted and punished otherwise provided 29 

DISTRICT BOARDS. 

57. Quorum and officers 41 

58. Duties ^prescribed 41 

59. To enforce school laws and regulations 41 

60. To employ and dismiss teachers 41 

61. To suspend or dismiss pupils 41 

62. To provide indigent scholars with text-books 41 

63. To require the taking of census of school children 41 

64. Times of meetings fixed by Board of Education; special 

meetings, how called 41 

65. To call meetings of the people for consultation in regard to 

school interests 41 

66. To prepare estimate of funds needed in the district for pro- 

viding school houses, etc 41-42 

67. To care for and control school property in district 42 

68. To report annually to Superintendent Schools; penalty for 

failure of clerk to make report 42 



150 INDEX. 

Section. Page. 

69. To visit schools of district 42 

74. Must notify County Treasurer when money is borrowed 43 

75. To examine clerk's list of school children 43 

98. Donations of property to district vested in 49 

ico. Shall provide suitable school houses, furniture and appliances; 
may hire, purchase or build ; appeal from action of Board 
in locating school house, how taken, etc 50 

101. May condemn land for school houses ; mode of procedure 50-51 

102. Trustees to consult county Superintendent before building 

school house 51 

104. Clerk of, to file with county Superintendent certificate as to 

length of time schools have been in operation 52 

no. May introduce higher branches and require fee 54 

122. Excess of levy may be applied to teachers' salaries 57 

145. To audit teachers' and clerks' pay cost of providing school 

houses, furniture, text-books, &c 64 

147. Clerk of, to make annual report to County Board 65 

151. To form Sub-Districts how numbered 67 

152. Sub-Districts from parts of two or more Districts how 

formed by failing to agree, how determined 67-68 

153. May grant permit for pupils to enter from outside limits of a 

Sub-District upon certain conditions 68 

154. To appoint meetings for election of School Directors who to 

preside, how conducted, &c 68-69 

155. May make contribution for contingent expenses of school 69 

156. Clerk to take census of Sub-Districts, when .' 69-70 

157. Opening and closing of schools, pay of teachers, &c., under 

control of 70 

159. To decide appeals from action of Directors Directors to re- 

port violations of law to 7071 

160. May extend lines of separate school districts, when 71 

355. To issue warrants on School Fund for pay of teachers 126 

357. District school tax under control of, and how used 126 

358. Excess of District levy, how to be applied 126-7 

366. To hold two regular meetings ; time of said meetings 128 

367. To prepare detailed report of work done during the year at 

August meeting and furnish same to Superintendent 128 

368. At October meeting to prepare estimate of district funds 

needed and forward to Superintendent 129 

369. May transact any other business at annual meeting ; special 

meetings, how called 129 

370. Have absolute power to employ teachers 129 

371 to 376. May refer selection of teachers to patrons ; mode of 

procedure, etc., must be governed by its action if teacher 

is selected, when 129-30 

378. Cannot employ teacher unless he holds certificate of Superin- 
tendent for current year 130 



INDEX. 151 

Section. Page. 

379. Must enter into written contracts with teachers ; failure to do 

so subjects members to fine 130 

380. Must prescribe time of opening and closing school, subject to 

approval of Superintendent, and state in contract 130 

381. Report to be made to Superintendent when contracting with 

teacher 131 

382. May contract with teachers with less than average 131 

384. * May reduce the average ; when 131 

385. May continue school not making average ; when 131-2 

386. Authorized to pay amount due teacher whose school has 

been closed t 132 

392. May designate holidays 133 

393. May authorize admission of pupils in graded schools from 

different districts 133 

394. May sub-district its territory 133 

395. Audults must pay tuition fee; permit authorized 133 

DISTRICT SCHOOL TRUSTEES. 

49. How appointed, qualifications, &c 39 

54. Who eligible 40 

55. Must be a resident of School District 40 

56. Exempt from service on juries and militia duty 41 

73. May borrow money 43 

78. To constitute County Board 44 

83. Holding property, to make report to County Board when 

called upon 46 

87. Cannot be interested in supplying text-books, &c 47' 

98. Authority over property donated to District 49 

99. Permission to use unoccupied school-houses by any teacher 

forschool purposes may be granted 49 

101. To condemn land for school-houses, mode of procedure 50-51 

102. To consult Superintendent Schools before building school- 

house 51 

149. County Board may petition court for removal of, for cause.... 66 
240. Selection of students to Virginia, Agricultural and Mechanical 

College 93 

343. United States officer cannot be a School Trustee 124 

344. Cannot teach in public schools 124 

EXAMINATION OF TEACHERS. 

349. What to consist of. How conducted 125 

350. Superintendent to prepare list of questions, &c 125 

351. Examination papers, how endorsed 125 



152 INDEX. 

GENERAL RULES FOR OFFICERS. 

Section. 
86. Higher officers may, temporarily, discharge the duties of the 

lower in certain cases 46-47 

GRADED SCHOOLS. 

115. Preference given to 55 

392. Pupils how admitted 133 

HAMPTON NORMAL AND AGRICULTURAL INSTITUTE. 

255. Appropriation, conditions of; curators, how appointed, term 

of service, etc 97~9$ 

256. Students, how selected, privileges 98 

257. Treasurer, how appointed, compensation 98 

258. Fupds of Institute; interest on State debt held, to be paid 98-99 

259. Annual report ; when made ; contents 99 

260. Reservation of control by Legislature 99 

262. Prohibition of sale of liquor to students ; penalty for* viola- 

tion 99-100 

263. Conviction for sale of liquor to students : County Court to 

revoke license 99-100 

291. Protection to State institutions, public trusts and funds 109 

INSTITUTION FOR DEAF AND DUMB AND THE BLIND. 

224. Act of incorporation ; its powers 89 

225. Visitors, how appointed, term of service; vacancies, how 

filled 89 

226. Appointment of President and Secretary 89 

227. Duties of Board ; removal of a professor 89 

228. Annual meeting; special meetings, how called 90 

229. Fiscal year, end of; annual report, when and to whom to be 

made 90 

230. Schools for deaf and for blind; how pupils selected 90 

231. Arbitrators authorized ; how appointed 90 

239. Annual appropriation ; how paid 91 

291. Protection of State institutions, public trusts and funds 109 

MILLER MANUAL LABOR SCHOOL OF ALBEMARLE. 

264. Incorporated 101 

265. Who members of corporation, corporate powers 101 

266. Meetings, who authorized to call 101 



INDEX. 153 

\ 
Section. Page. 

267. General Assembly to designate corporators in case of officers 

being changed or abolished, power given Legislature to 
change organization 101 

268. Corporation to hold property ; duties of Board of Education, 

Second Auditor, and County Court of Albemarle as to 
funds and expenses for support of school ; expenses, how 
allowed and paid ; duty of clerk of court ; duties of dis- 
trict school trustees 102 

269. Funds, stock, securities, &c., of school, how kept and pre- 

served 102-103 

270. Rate of interest on bonds 103 

271. Board of Education to execute deed of release, &c 103 

272. Rights of the heirs of Samuel Miller not affected 104 

273. Status of case if compromise fails.,.. 104 

291. Protection to institutions of State, public trusts and funds 109 

OATHS OF OFFICE. 

341. Form of oath of school officers 123 

SCHOOL FUNDS. 

13. Claims against, how audited 33 

83. What moneys vested in County Board 45-46 

103. District first to provide school houses before receiving any... 52 

104. When State funds to be paid for school purposes 52 

116. Number of schools regulated by amount of funds 55 

118. Literary fund, how received, collected and disbursed 55-56 

119. What to consist of. 56 

120. State funds, how derived 56 

121. County funds how raised 56 

122. District funds, how levied 56 

123. Estimate of amount needed, to be submitted to Board of Su- 

pervisors 57 

125. County and District cannot be used to pay Superintendents 

salaries (Nelson county excepted) 57 

126. Board of Supervisors to levy tax for County and District free 

school purposes 58 

127. Board of Supervisors authorized to levy tax on roadway and 

track, depots, &c., of any railroad company and its tele- 
graph lines, in county 5 8 

128. School taxes, how assessed 58 

129. Duty of Commissioner of Revenue as to school tax levied.... 58-59 

130. County Treasurer receives and disburses, District, State and 

County funds to be kept separate 5 9 

131 and 142. How State funds placed in County Treasury 60 and 65 

21 



154 INDEX. 

/ 

Section. Page. 

136. Excess of approximate amount of Auditor to be distributed 

as law provides 61 

133. State fund, how drawn from county treasury 60 

137. Arrearages of State funds, how paid 61 

139 and 140. Auditor to return portions of moneys diverted 62-63 

141. Fund for normal school for colored teachers 63 

144 and 145. Pay of Superintendent, teachers, &c., how drawn... 64 
146. Treasurer to render account annually to County Superintend- 
ent 65 

150. Unexpended, how disposed of 67 

156. When census of sub-districts affects population of county, 

how apportioned 69 

160. When lines of separate school districts are extended, how 

apportioned 71 

328. Cannot be used for any school not a part of the public free 

school system 120 

330. For city, how apportioned, by whom received and disbursed... 120 

340. Duty of City Council to make appropriation 122 

352. How classified 126 

353. How used 126 

354. How paid out... 126 

355. How apportioned to districts and how paid 126 

356. When county fund apportioned and for what used 126 

357. District tax, for what purpose used, under control of District 

Board 126 

358. Excess of district levy, how used 126 

382. Cannot be used to support school with less average than ten... 131 

SCHOOL DIRECTORS. 

154. Mode of election, term of service, vacancies how filled, who 

eligible, &c 68-69 

157. To choose teachers, who eligible ; report made to the District 

Board, &c 70 

158. Duties of 70 

159. To report violations of law to District Board, appeal may be 

taken to Board of Reference 70-71 

162. Act providing for may be adopted at the discretion of County 

Boards, except in Fairfax and Loudoun 71 

SCHOOL OFFICERS. 

88. To turn over to successors all papers, books, &c. ; penalty for 

failure 47 

386. To enforce laws and regulations 132 

387. Caution as to employment of inefficient teachers 132 



INDEX. 155 

Section. Page. 
390. To require pupils to be provided with books prescribed by 

school law 132 

399 Caution as to Nepotism 134 

410. May assist in furnishing text-books 136 

SCHOOL PROPERTY. 

97. Vested in and held by each School District 49 

98. Donations to county vested in County Board, and to district 

in District Board 49 

101. Condemnation of land for school-house 50-51 

SCHOOL HOUSES. 

99. Trustees may permit use of by teachers of other than of the 

public free school, under certain circumstances 49 

100. Board of school trustees to provide ; appeal from action in 

locating, how taken 50 

101. Condemnation of land for 50-51 

102. Style and expense 51 

145. Cost of providing, repairs, furniture, &c. ; how paid 64 

152. Doubts arising as to location in sub-districts, how decided 68 

SCHOOLS. 

1. Uniform system to be adopted.., 31 

2. Authority for administering system 31 

105. Who admitted into, pupils from an adjoining district, white 

and colored separate, etc. 52 

106. Privileges of sending children to, who entitled 53 

107. Number of pupils required to form a school fixed by Board of 

Education 53 

108. Persons suffering from contagious diseases excluded from, 

vaccination required 53~54 

109. Branches to be taught in 54 

no. Higher branches may be taught in 54 

in. Introduction of higher branches to receive approval of County 

Board 54 

112. Introduction of higher branches not to interfere with element- 

ary branches 54 

113. Two teachers may be employed, when 54 

114. Uniformity of text-books to be provided 54~55 

115. Preference given to graded schools 55 

116. Number of schools regulated by amount of funds 55 

117. Board of Education to guard against multiplication of schools 

without sufficient funds 55 

153. Pupils may be received from beyond limits of sub-district, how 6& 



156 INDEX. 

Section. Page. 

154. Contingent Expenses, how provided for 69 

155. District Boards may provide for contingent expenses 69 

J 57- Opening and closing, terms and pay of teachers under control 

of District Board 70 

381. Average required to constitute 131 

383. Average may be reduced, when 131 

384. With less than the average, how continued 131 

394 and 395. Adults may be admitted, how : 133 

SCHOOL DISTRICTS 

70. How named and numbered, record of. 42 

71. Corporate powers , 42 

72. Boundaries of, towns of 500 may form separate Districts, and 

Council appoint trustees 42 

103. Not entitled to funds unless provision be made for school- 
houses, etc ! 52 

151. Sub-Districts, how formed 67 

152. Sub-Districts from Districts of same or different counties, how 

formed , 67-68 

160. Separate School Districts may extend their lines beyond cor- 
porate limits, when 71 

163. Act of 1875, providing for division into Sub-Districts, repealed 71 

SCHOOLS IN CITIES AND TOWNS. 

321. How established ^ 118 

322. How classified 118 

328. Tax levied by City Council for support , 120 

329. Estimate for their maintenance 120 

330. State funds, how apportioned 120 

SECOND AUDITOR. 

174. Board of Visitors, University of Virginia, to make annual re- 
port to, contents 74 

187. Visitors, trustees, &c., of any college or academy, established 

by the State to make annual report to before October i 77 

188. Visitors, trustees, &c., failing to make annual report, penalty 

therefor 78 

189. Interest on State stock to be paid 78 

229. Report of Board of Visitors, Deaf Dumb and Blind Institute.... 90 
254. To pay Virginia Agricultural and Mechanical College interest 

on State debt, held by College 97 

265. A member of corporation of " The Miller Manual Labor School 

of Albemarle" lor 

268. Duty as to fund, &c., of Miller Manual Labor School" 102 



INDEX. 157 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Section. Page. 

18. Election and term of service, vacancy how filled 34 

19. Salary, how paid, expenses, Sec 34 

20. Office to be provided for 34 

21. Chief Executive of the system 35 

22. Enforcement of school laws 35 

23. To decide questions of law and regulations 35 

24. Preparation of blanks, &c 

25. Reports from County Superintendents 35 

26. Visit to schools 35 

27. Decide appeals from decisions of Superintendents 35 

28. Preserve copies of decisions 35 

29. Preserve documents, books, &c., from other States received... 35-36 

30. Apportionment of State funds 36 

31. Official seal 36 

32. Annual report of. 36 

33. Discharge of other duties 36 

131. To furnish statement to Auditor Public Accounts, of amount 

due each county and corporation upon basis furnished by 
Auditor , 

134. County School Boards to report result of comparison of Dis- 
trict and County Superintendents' warrants annually to 63 

144. County Treasurers to transmit warrant for pay of Superinten- 
dents, where doubt exists as to correctness 64 

146. Treasurer's annual accounts of receipts to be forwarded by 

Superintendent 64 

148. County Superintendent to report on accounts of delinquent 

clerks of District Boards , 65-66 

156. Report of census of sub-district to be made, when 69-70* 

244. A member of the Board of Visitors of Virginia Agricultural 
and Mechanical College, and of Board of Curators of 

Hampton Normal and Agricultural Institute 94~95 

259. Annual report from Virginia Agricultural and Mechanical 

College and Hampton Normal and Agricultural Institute... 99 

265. A member of corporation, "The Miller Manual Labor 

School of Albemarle " 101 

282. A member of Board of Visitors of Virginia Normal and Col- 

legiate Institute, and chairman 106 

283. Board of Visitors of Virginia Normal and Collegiate Institute, 

a corporate body 107 

316. To appoint to scholarships in Nashville University 117 

320. To give information pertaining to University at Nashville....... 117 

323. Report of school districts in cities 118 

342. Superintendents to file oaths of office 123 

347. Superintendents to make monthly reports 124 



158 INDEX. 

Section. Page. 

350. Superintendents to furnish copy of list of questions in exam- 

ining teachers 125 

398. To prescribe form for report of statistics regarding admission 

of adults in public schools 134 

409. County Superintendents to make monthly reports in respect 

to observance of regulations of Board of Education 136 

SUB-DISTRICTS. 

151. How formed, record of boundaries 67 

152. From two or more districts, how formed 67 

152. From districts belonging to different counties, how formed 68 

157. Teachers in, how chosen 70 

162. Act providing for division into may be adopted at discretion 

of County Board, except in Fairfax and Loudoun 71 

163. Act approved February 5, 1875, in reference to division of dis- 

tricts into, repealed 71 

393. District Boards may form sub-districts 133 

TEACHERS. 

91. Must hold certificate of County Superintendent 48 

92. To keep daily record of facts pertaining to school and deliver 

to clerk School Board 48 

93. Written contract made before entering upon duties 48 

94. May suspend scholars, subject to decision of Board of School 

Trustees 48 

95. Same exemptions as School Trustees 48 

95. Institutes for teachers 48 

112. To give not less than five hours to instruction in elementary 

branches where but one is employed 54 

113. Two teachers may be employed, when 54 

145. How paid 64 

157. How chosen ; compensation, how fixed, etc 70 

159. May appeal from action of School Directors, or District Board 70-71 

345. Must be at least eighteen years of age 124 

349. Examination, of what to consist of 125 

351. May obtain copy of examination papers 125 

370. By whom employed 129 

371. May be selected by patrons, when and how 129 

377. Must hold certificate of Superintendent 130 

378. Boards of Trustees to give written contracts 130 

381. Basis of salary of. 131 

382. Cannot be paid for excess of average 131 

386. Duties in reference to improvement of schools 132 

389. Pay continues while attending institute 132 



INDEX. 159 

Section, Page. 

390. Must require pupils to use books prescribed, penalty for viola- 

tion of this law 132 

391. Deduction from pay for time lost 133 

396. Adults must submit to authority of 134 

398. Records regarding admission of adults, how kept 134 

406. Copy of regulations of Board of Education concerning text- 

books to be furnished 135 

407. Prohibited from receiving pupils not supplied with proper 

books 136 

408. To report irregularity to Superintendent, receipt for monthly 

report withheld, when 136 

410. May assist in furnishing text-books 136 

TEACHERS' INSTITUTES. 

389. Pay of Teachers continues while attending 132 

398. Superintendents required to hold at least one annually 134 

TRUSTEE ELECTORAL BOARD. 

49. Who compose 39 

50. Powers and duties, Clerk to notify trustees of their appoint- 

ment 39-40 

51. Chairman and Clerk, record of proceedings, expenses, how 

paid, list of trustees to be furnished Board of Education 40 

52. Duties of Clerk and penalty for neglect 40 

53. Failure of Clerk and District Board to make annual report to 

be reported to Electoral Board and penalty therefor 40 

TREASURER OF COMMONWEALTH. 

204. To pay appropriation to Virginia Military Institute 84 

288. To retain portion of funds due Commonwealth from Atlantic, 
Mississippi and Ohio Railroad for benefit of Virginia 
Normal and Collegiate Institute 108 

UNIVERSITY OF VIRGINIA. 

164. Continued, style of corporation, &c 72 

165. Board of Visitors, number and term of service 72 

166. Vacancies in Board of Visitors declared 72 

167. Vacancies in Board of Visitors, how, and when filled 72 

168. Time and place of meeting of Board of Visitors, special meet- 

ings, how called 73 

169. How office of Visitor vacated, and vacancy filled , 73 

170. Appointment of Rector and other officers 73 

171 and 172. Duties of Board of Visitors 73~74 



160 INDEX. 

Section. Page. 

173. Expenses, how paid., 74 

174. Annual report to Second Auditor 74 

175. Salaries of Professors, &c.... 74 

176. What branches of learning to be taught 74 

177. Board of Visitors authorized to issue bonds 74~75 

178. Amount limited, proceeds, how applied 75 

179. Payment of bonds, how secured 75 

180. Annual appropriation, amount, conditions, &c 75 

181. Necessary repairs and interest, how paid, sinking fund estab- 

lished, how applied 76-77 

182. Bequests legalized, how invested and applied 76 

183. Bequests specifying particular objects, funds, how invested.... 76 

184. Donations irrevocable, disposition in case of non-acceptance 77 

185. Donor reserving right to nominate to any professorship, schol- 

arship, &c., failing to do so in six months, Board of Visitors 

to act 77 

186. State of Virginia constituted trustee for safe keeping, and ap- 

plication of funds. Treasurer liable on bond for funds de- 
posited, &c 77 

187. Visitors or trustees of any academy established by the State 

to make report annually to Second Auditor before October 

ist. Nature of report 77 

188. Penalty for failing to make report 78 

189. Second Auditor to pay interest on State stock 78 

190. Provisions apply to Dawson fund and dividends of James 

River Company 79 

191. Scholarships, how established 79 

192. Scholarship funds to be invested ; donations irrevocable ; 

donor's right to nominate pupils 80 

193. If donor fail to nominate, Board of Visitors or trustees may 

appropriate income 80 

UNITED STATES MILITARY ACADEMY. 

292. Appointment of cadets, how made no 

293. Manner of making application no 

294. Date of appointment no 

295. Alternates. , iio-m 

296. Preliminary examinations in 

297 and 298. Qualifications in 

299. Required to take oath in 

300. Form of oath required 112 

UNITED STATES NAVAL ACADEMY. 

301. Number of cadets, limit 113 

302. Mode of nomination 113 



INDEX. 161 

Section. Page. 

303. Vacancies, how filled 113 

304. Nominations, when made 113 

305. Qualifications 114 

306. Students from Japan received 114 

307. Examination requirements 114 

308. Medical examination 114 

309. Cause for rejection of candidate 114-115 

310. Examination in reading, writing, &c 115 

311. Examinations must be written 115 

312. Rejected candidates, privileges of 115 

UNIVERSITY AT NASHVILLE. 

313. Objects of the Institution, connection with public-school sys- 

tem of Virginia 116 

314. Scholarships, how apportioned 116 

315. Examination of applicants for scholarships 116-117 

316. Appointments, by whom made... 117 

317. Pledge to teach in public schools 117 

318. Under whose control 117 

319. Number Virginia entitled to, vacancies, conditions of granting 

scholarships 117 

320. Information in reference to 117 

VIRGINIA MILITARY INSTITUTE. 

195. Name; its annuity for support , 81 

196. Board of Visitors vacated; vacancies, how filled; number; 

how selected; term of office, quorum, etc 82 

197. Meeting of Board to fix salaries, power to remove officers, etc. 82-83 

198. Board to meet annually; special meetings, how called 83 

199. Vacancy on Board, how filled 83 

200. Expenses of Board, how paid 83 

201. Power of Board to make laws 83 

202. The arsenal and grounds vested in institute 83 

203. Power of Board to borrow money and secure its payment 83-84 

204. For relief of the Institute 84 

205. Title of property, how vested 84 

206. Bonds, how secured 84-85 

207. Annual expense of Institute 85 

208. Treasurer, how appointed, bond, etc 85 

209. Annual report of Treasurer 85 

210. Professors, how appointed 85 

211. The Governor to Commission officers 85 

212. Board of visitors to prescribe terms of admission for cadets... 86 

213. Board may admit cadets free of charge, number, how selected, 

etc.; vacancies, how filled 86 

22 



162 INDEX. 

Section. 

214. Power given to Board to arrange with Washington and Lee 

University as to admission of students 86 

215. How commissioned officer of militia may become a student... 86 

216. Cadets to be guards to Institute 87 

217. Duty of Superintendent as to arms 87 

218. Superintendent's annual report, to whom made, contents, etc. 87 

219. How degree of graduate is conferred 87 

220. Cadet to act as a teacher 87 

221. Annual inspection by Board of Visitors, report to Governor... 87 

222. Enlistment and pay of musicians 88 

223. Authority to condemn lands and springs 88 

291. Protection to State Institutions, public trusts and funds 109 

VIRGINIA AGRICULTURAL AND MECHANICAL COLLEGE. 

233. Donation of public lands by the United States accepted 92 

234. Board of Education to sell land scrip 92 

235. Interest on proceeds of land scrip, how appropriated 93 

236. Conditions upon grant of the annuity 93 

237. Name of Preston and Olin Institute changed to Virginia Agri- 

cultural and Mechanical College 93 

238. Trustees to convey property to College 93 

239. Appropriation from the county of Montgomery, how ex- 

pended 93 

240. Apportionment of students, and how selected 93 

241. Property to revert to trustees and county of Montgomery, 

when 93-94 

242. What to be taught at College 94 

243. Students, when selected ; their term at College 94 

244. Board of Visitors, how and when appointed, term of office ; 

vacancies, how filled, &c 94~95 

245. Office of Visitors, how vacated and refilled 95 

246. Appointment of rector and clerk 95 

247. Meetings of Board, time and place ; special meetings, how 

called 95 

248. Duties of Board, President and Professors, agents and ser- 

vants ; pay of Visitors 95-96 

249. Salaries of professors, fees of students 96 

250. Property to be valued and transferred to Visitors 96 

251. Lands for experimental farms 96-97 

252. College incorporated ; general powers 97 

253. Pay of rector; bond of Treasurer 97 

254. Funds to be turned over to Board, interest on State debt held 

to be paid 97 

256. Trustees to select students to Hampton Normal and Agri- 
cultural Institute 98 




INDEX. 163 

ction. Page. 

259. Annual report to Superintendent of Public Instruction 99 

260. Reservation of control by Legislature 99 

261. Board may accept subscriptions to College ; how held, and 

when to revert to subscribers 99 

291. Protection to State institutions, public trusts and funds 109 

VIRGINIA NORMAL AND COLLEGIATE INSTITUTE. 

141. Fund provided for erection and maintenance 63 

274. Governor to appoint Commission to select site 105 

275. Duties of Commission, report to Board of Education 105 

276. Board of Visitors to proceed to build, limit of cost 105 

277. Name of Institute, how governed, Visitors how appointed, 

meetings, &c 105-106 

278. Quorum of Board, vacancies, how filled 106 

279. Duties of Board Visitors, annual report to Board of Education 106 

280. Normal department, branches taught, &c 106 

281. College to be established, Board of Visitors to prescribe 

branches 106 

282. Board of Visitors to appoint and remove Professors, other 

duties 106-107 

283. Board of Visitors made a corporate body, authority &c 107 

284. Institute under control of Legislature, Visitors, when ap- 

pointed 107 

285. Board to fix number of professors and teachers' salaries 107 

286. Treasurer, how appointed, bond, compensation 107-108 

287. Students, how admitted 108 

288. Funds, how received and paid out 108 

289. Board of Visitors to note progress of students. Expenses of 

Visitors, how paid 108-109 

290. Bequests, how invested 109 

291. Protection of Institutions of State, public trusts and funds 109 



INDEX TO SUPPLEMENT. 



AUDITOR OF PUBLIC ACCOUNTS. 

Section. Page. 
449. To prepare Commissioners' Books, with reference to separate 

assessment and collection of school tax 145 

449. To keep school taxes separate 145 

BOARD OF EDUCATION. 

439. To appoint President of Virginia Normal and Collegiate In- 
stitute 143 

444. Employees of Institute placed at disposal of Board for normal 

course 144 

422. Clerk of Board of School Commissioners to furnish list of trustees. 141 

454. Prohibited from appointing persons rejected by Senate 146 

BOARD OF SCHOOL COMMISSIONERS. 

417. How elected, term of office, &c 140 

418. Board, how organized; quorum; vacancies, how tilled 140 

420. To fill vacancies in Board of District Trustees 140 

421. Clerk to notify trustees of their appoinment 140 

422. Meetings, how called ; clerk to furnish list of trustees t Board 

of Education 141 

423. Clerk to convene Board; when 141 

459. Secretary Commonwealth to furnish certificates of election 147 

CITY COUNCILS. 

427. To elect trustees Wl 

CITY SCHOOL BOARD. 

425. Section 7, of chapter 79, Code 1873, repealed 141 

426. Offices of trustees declared vacant , 141 

427. Councils to elect ; Winchester excepted 141 

428. Terms of trustees; when to commence; Norfolk and Alexandria 

excepted 141 

429. Vacancies, how filled. 141 



INDEX TO SUPPLEMENT. 

CITY SUPEEINTENDENT OF SCHOOLS. 
Section. Page. 

441. To notify colored teachers to attend normal course of instruction ; 

to revoke license of teachers for failure to attend 143 

451. Cannot hold any other office elective by the people 145 

456. Prohibited from actively engaging in politics 146 

457. Penalty for violating this law 146 

CLEEK OF BOAKD SCHOOL COMMISSIONEES. 

418. How elected 140 

421 . Trustees to file oath of office with ; notification to be given 

promptly of appointment 140 

422. To record proceedings and furnish Board of Education with 

list of trustees and other information 141 

423. To convene Board of Commissioners 141 

CLEEK HOUSE OF DELEGATES. 

419. To certify election of School Commissioners to Secretary 

Commonwealth 147 

COUNTY SUPEEINTENDENT. 

415. To collect information in regard to the geology, mineralogy, 

and geography of their counties 139 

441. To notify colored teachers to attend normal course of instruction ; 

to revoke license of teacher for failure to attend 143 

416. To report annually to the Commissioner of Agriculture 139 

451, Cannot hold any other office elective by the people 145 

453. Office to be declared vacant in certain cases 146 

454. Board of Education prohibited from appointing persons who have 

been rejected by Senate 146 

456. Prohibited from actively engaging in politics 146 

457. Penalty for violating this law 146 

COUNTY TEEASUEEE. 

449. To collect and keep separate the school tax 144 

DISTEICT SCHOOL TEUSTEES. 

420. How* appointed ; qualifications 140 

421. To file oath with Board of Commissioners. 140 

427. In cities, how appointed ; terms of office 141 



INDEX TO SUPPLEMENT. 

NOKFOLK CITY SCHOOL BOARD. 

Section. Page. 

445. Of whom composed 144 

446. How and when elected 144 

447. Vacancies, how filled 144 

448. Powers and duties 144 

SCHOOLS. 

450. Non-resident of city or town may send children to public school 

therein; when 145 

SCHOOL FUNDS. 

449. To be paid in lawful money of United States; treasurer to collect 

and keep separate from other taxes 144 

SECRETARY OF THE COMMONWEALTH. 

459. To furnish certificate of election to School Commissioners 147 

STATE FEMALE NORMAL SCHOOL. 

430. Established 141 

431. Board of Trustees ; vacancies, how filled ; Superintendent Public 

Instruction a member of , 142 

432. Duties of Board ; annual report to Governor 142 

433. Where located 142 

434. Pupils; trustees to prescribe rules and regulations for s'election 

and examination 142 

435. Appropriation for expense of establishing 142 

43G. Annual appropriation for support of 142 

SUPERINTENDENT PUBLIC INSTRUCTION. 

431. A member of Board of Trustees State Female Normal School 142 

432. One of the Executive Committee 142 

437. Annual report to Second Auditor 143 

438. To fix time for commencement of normal course of instruction for 

colored teachers 143 

440. To employ skilled normal school lecturers to assist faculty of 
Virginia Normal and Collegiate Institute in conducting normal 

course 143 

455. Prohibited from actively engaging in politics 146 

457. Penalty for violating this law 146 



INDEX TO SUPPLEMENT. 

TEACHERS. 

Section. Page. 

438. Normal course of instruction provided for colored teachers 143 

441. Required to attend ; penalty for failure 

442. Subject to regulations provided by Board of Education 143 

TEACHERS' INSTITUTES. 

452. Act relating thereto amended 145 

VIRGINIA NORMAL AND COLLEGIATE INSTITUTE. 

438. President and Faculty to conduct a normal course of instruction 

for colored teachers ; when to commence, and length of same... 143 

439. President appointed by Board of Education 143 

440. Annual salary of instructors to cover time engaged in instructing 

in normal course 

444. Employees placed at disposal of Board Education for normal 

course... 144 



WE ARE INDEBTED TO GENERAL JOHN EATON, UNITED 
STATES COMMISSIONER OF EDUCATION, FOR THE FOLLOWING 
CIRCULAR OF INFORMATION, WHICH IS OF IMPORTANCE TO 
SCHOOL OFFICERS. 



CIRCULARS OF INFORMATION 



OF THE 



BUREAU OF EDUCATION 



No. 4-1883. 



BECENT SCHOOL LAW DECISIONS: COMPILED BY 
LYNDON A. SMITH, A. B., LL. M. 



WASHINGTON: 

GOVERNMENT FEINTING OFFICE. 

5032 1883. 

159-100 



CONTENTS. 



Letter of the Commissioner of Education to the Secretary of the Interior 5 

Table of cases cited 7-20 

CHAPTER I. POWERS OF LEGISLATURES. 
Section. 

1-2. To establish schools and school systems 21-22 

3. To establish reform schools and authorize commitments 22-23 

4. Over public school districts and corporations 23-24 

5. Respecting taxation and appropriations 24-25 

6. Over school funds 25 

CHAPTER II. SCHOOL DISTRICTS. 

7. Organization of districts 26-27 

8. Alteration of districts 27-28 

9-10. Powers of districts 28-30 

11. District meetings 30-31 

12. Liabilities of districts on contracts 31-33 

13. Liabilities of districts for injuries 33-34 

CHAPTER III. TAXATION. 

14. Subjects of taxation 34 

15. Purposes of taxation 34-35 

16. Powers of taxation 35 

17. Collection of taxes 35-36 

18-20. Exemption of school property from taxation 36-39 

21. Local assessment of school property 39-40 

CHAPTER IV. SCHOOL PROPERTY. 

22-23. School funds 41-43 

24-25. Sites and buildings 43-44 

26. Use of buildings 44-46 

27. Insurance, repair, and furnishing of school-houses 46-47 

CHAPTER V. OFFICERS. 

28. Quasi-judicial powers of officers 47-48 

29. Same. Limitation of appeals 48-49 

30. County superintendents : 49 

31. Directors, trustees, &c. Organization 49-CO 

32-33. Same. Requisites to valid action of a school board 50-52 

34. Same. Power to employ and dismiss teachers 52-53 

35. Same. Power to repair, expend money, &c 53-55 

36. Same. General liability 55-56 

161 



4 CONTENTS. 

Section. Page. 

37. Same. Liabilities for negligence '. . 56-57 

38. Same. Removal from office 57-58 

39. Treasurer 5^-59 

40. Assessors 59-60 

41. Collector 6C 

CHAPTER VI. SCHOOLS AND STUDIES. 

42. Public schools in general 60-61 

43: High schools 61 

44-46. Colored schools , 61-64 

47. Studies 64-65 

48. Text books 65 

CHAPTER VII. TEACHERS. 

49. License prerequisite to a valid contract 66 

50-51. Contracts 66-68 

52-53. Recovery of wages. When impossible 68-70 

54-55. Same. When possible 70-71 

56-57. Dismissal 71-73 

58. Complaims against candidates for teachers' positions 73 

CHAPTER VIII. ADMINISTRATION. 

59. Rules and regulations 73 

60. Regulations respecting studies 73-74 

61-62. Regulations respecting attendance 74-76 

63-64. Suspension of pupils in the absence of rules 76-77 

65. Corporal punishment . 77-78 

Index .. .. 79-82 



LETTER. 



DEPARTMENT OF THE INTERIOR, 

BUREAU OP EDUCATION, 
Washington, D. <?., October 5, 1883. 

SIR : The leading courts of the various States render many opinions 
in which general principles of law intimately affecting school officers 
and educational interests are discussed and determined. 

A knowledge of the points decided in these opinions must tend to ex- 
pedite school business and diminish future controversies. For this 
reason and in response to a popular demand for such information, I as- 
signed to Lyndon A. Smith, esq., an employe of this office and a mem- 
ber of the city bar, the collection and compilation of recent decisions 
and discussions most pertinent to school affairs. 

The cases cited have been decided since the beginning of my present 
terra of office. The principal questions of school law have been before 
the courts during this time, and their determination is usually stated as 
briefly as possible in the compilation. Quotations from earlier cases, 
from text books, and from State statutes are given in foot notes where a 
peculiarly important point has seemed to need further explanation. De- 
cisions concerning school lands, rules of evidence, and court practice 
have not been included. t , 

This document is of value chiefly as supplementing State school laws, 
which are generally distributed by the States to school officers and con- 
tain the ordinary rules for official action ; but statutory provisions are 
excellently illustrated, explained, and interpreted by judicial decisions 
and opinions. The table of cases is arranged so that a list of those which 
have been decided in any State can be easily distinguished. 

I hereby recommend the publication of this compilation as a circular 
of information. 

I have the honor to be, very respectfully, your obedient servant, 

JOHN EATON, 

Commissioner. 

The Hon. SECRETARY OP THE INTERIOR. 

Publication approved. 

H. M. TELLER, 

Secretary. 

163-164 



TABLE OF CASES CITED. 



NOTE. When a place or institution is mentioned in the title of a case, its name is 
considered the leading word and generally determines the entry of the case in the 
table ; for example, City of Fort Worth v. Davis is entered Fort Worth, City of, v. 
Davis. 



Title of case. 



Report. 



Abbott, Thompson v 

Abercrombie v. Ely 

Adams v. State 

Adams, School Commissioners of Alleghany 

County v. 
Adams County (School District 4 of), State ex 

rel. Kimball v. 
Adams County (School District 24 of), State 

ex rel. Gregory v. 

Adkins v. Mitchell 

<Etna Insurance Company, School District 6 of 

Dresden v. 
Aikman v. School District 16 of Butler County. 

Akron (Town Board of ), Hazen v 

Akron (Town Board of ), McLaren v 

Albinv. Directors Independent District of West 

Branch. 

Albright v. Riker 1 

Alleghany County, School Commissioners of, v. 

Adams. 
Alleghany County (School Commissioners of), 

Allegheny (Sixth Ward School District of), 
Ferree v. 

Allen v. Frink 

Allen, People ex rel. Schenectady Astronomical 
Observatory v. 

American Insurance Company v. District Town- 
ships Willow and Graud Meadow. 

Andover, Jenkins v 

Andress, Sheffield School Township v 

Armstrong v. Union School District 

Arrington v. Cotton 

Assessors, St. Joseph's Church v , 

Auditor v. Holland 



Babcock, Burdick v 

Bailey v. Ewart 

Barnes, Bedell v 

Barry, Burditt v 

Bartlett v. Board of Education of Freeport 
School District. 

Bassett v. Fish 

Batchellor, McKay v 

Bays v. State 

Beach v. Leahy 

Bealey v. Dickinson 



61 Mo., 176 

60 Mo., 23 

82111., 132 

43Md.,349 



13Nebr., 82. 
13Nebr.,78. 



67111., 511. 
62 Me., 330. 



27Kans.,129 

48 Mich., 188 

48 Mich., 189 

58 Iowa, 77 



22Hun(N.Y.), 367 

43Md.,349 

51 Md., 401 J 

76 Pa. St., 376 



32 Mich., 96 

42 N. Y. App., 404 



55 Iowa, 606. 



103 Mass., 94 

56Ind., 157 

28Kans., 345 

1 Baxter (Tenn.), 316. 

12 R. I., 19 

14 Bush (Ky.), 143 



31 Iowa, 562 

52 Iowa, 111 

17 Hun (N. Y.), 353 
6 Hun (N. Y.), 657 
59111., 364 

'. App., 

2Colo., 591 

6Nebr.,167 

UKans., 23 

48 Vt., 599 



165 



8 



CIRCULARS OF "INFORMATION FOR 1883. 



Title of case. 



Report. 



Beaver, Thompson v 

Beck, Pierce v 

Beckwith, Mount Pleasant v j 

Bedell v. Barnes 

Bellmeyert?. Ind. District of Marshalltown 1 

Berlin (School District 12 of), Cashen v ! 

Betts v. Betts ! 

Blain, State ex rel. Riley v ! 

Bluff Creek, District Township of. v. Hardin- j 
brook. 

Board of Education, Peers v 

Board of Education, People v. 

Board of Education, Powell v 

Board of Trustees, Potter v 

Boget, Davis v : 

Bohenblost, Woodhull v 

Boston (City of), Davis v 

Boston, (City of), Hill v , 

Boston (School Committee of), Peabody v 

Bourbon County, School District 29 of/ v. Per- 
kins. 

Bouton v. Rice 



63111., 353 

61 Ga., 413 

100 U. S. Sup. Ct., 528 

17 Hun (N. Y.), 353 

44 Iowa, 564 

50Vt.,30 

4Abbott'sN.C.(N.Y.),412$ 

36 Ohio St., 429 

40 Iowa, 130 



Boutwell, Greenbanks v. 



Boynton v. Newton 

Braner, Trustees, &c., of Morgan County v 

Bremond, State v 

Briggs v. Johnson County 

Brody v. Penn 

Browufield, Taylor v 

Bryce, Dent v 

Bulmer, Estate of 

Buntin, United States v 

Burdick v. Babcock 

Burdittr. Barry 

Burr Oak (Independent District of), District 
Township of Hesper v. 

Burt, McCormick v 

Burton, Directors of Subdistrict 7 of Moulton v 

Burton, State ex rel. Burpee v 

Butler r. Haines 

Butteriield v. District G of Prospect 



Cabaniss, Danielly v 

Cairo and Fulton R. R. Co. v. Parks 

CaniplielH*. Board of Commissioners of Monroe 
County . 

Cannon (School District 2 of;, Everett v 

Carsner, Oliver v 

Carter, Cory v 

Cashen v. School District 12 of Berlin . 

Champaign County, Illinois Industrial Uni- 
versity v. 

Chelmsford, Spalding t> 1 . 

Chicago, City of, v. People ex rel. Miller 

Churchman, Stuckey v 

Cincinnati, Board of Education of, v. Minor. . 

Cist v. State ex rel. Wilder 

Citizens' Bank, Johnson School Township v. 

Clark v. Board of Directors of Muscatine 

Clark v. Nichols 

Clement v. Everest 

166 



72 111., 508 

101 111., 308; 40 Am. Rep., 196. 

97 111., 375 ; 37 Am. Rep., 123. 

10 111. App.,343 

50 Iowa, 11 

4 Hun (N. Y.), 399 

133 Mass, 103 

122 Mass. ,344 

115 Mass., 383 

21Kans.,536: 30 Am. Rep., 
447. 

10 Phil. Rep., 559 

43Vt.,207 | 

34 Iowa, 510 . . 

71 111., 546 

38 Tex., 116 

4 Dillon (U. S. C. Ct.),148. 

32 Mich., 272 , 

41 Iowa, 264 

16S.C..1 

59Cal., 131 

10 Fed. Rep., 730 

31 Iowa, 562 

6Hun(N. Y.), 657 

34 Iowa, 306 



95 111., 263; 35 Am. Rep., 163 

26 Ohio St., 421 

45 Wis., 150; 30 Am. Rep., 706 

79 Ind., 575 

61 Me., 583 , 

52Ga.,211.. 

32 Ark. ,131 

71 Ind., 185 



30 Mich., 249 

39 Texas, 396 

48 Ind., 327 ; 17 Am. Rep.,738 

50 Vt.,30 

76 111., 184 , 

117Mass.,393 , 

80111., 384 

2111. App., 584 

23 Ohio St., 211; 13 Am. 

Rep., 233. 

21 Ohio St., 339 

81 Ind., 515 

24 Iowa, 266 

52 N. H., 298 

29 Mich., 19 



RECENT SCHOOL LAW DECISIONS. 



Title of case. 



Report. 



Cleveland Public School Board, Waterhouse v. 

Cobb, State ex rel. Dunton v 

Coe, Pennington v 

Coffin's Grove (District Township of), Mon- 
ticello Bank v. 

Coleman, Loomis v 

Coleman, Pickering v 

Colfax (District Township of), Place v 

Colfax County (School District 15 of), Ward v. 

Collins v. Henderson 

Colvin, School District v 

Commissioners v. Raleigh 

Commonwealth of Pennsylvania v. Davis 

Commonwealth (Pa. ), Kaine v 

Commonwealth v. Seed 

Commonwealth ex rel. Acker v. Thomas 

Commonwealth ex rel. Swartz v. Wickersham 
Conklin v. School District 37 of Lyon County 
Cook v. Ind. School District of North McGregor 

Cook, State ex rel. Brawford v 

Cooper (cxparte) 

Cornea, Gordon v 

Corwin, District Township of, v. Moorehead 

Cory v. Carter , 

Cotton, Arrington v 

Cottrell, Appeal of 

Cowee, School District 25 of Hall County v .. 

Crawfordsville, City of, v. Hays 

Crocker, Perkins v 

Crowl, St. Mary's College v 

Curryer v. Merrill 



Dakota County (District 13 of), Ryant? 

Dakota County (District 45 of), McKinney v.. 

Dallas v. Fosdick 

Dauenhofter v. State 

Dauielly v. Cabaniss 



Dannat v. Mayor N. Y. City 

Davies, Holland v 

Davis v. Boget 

Davis v. Boston 

Davis, City of Fort Worth r 

Davis, Commonwealth v 

Davis, Littleworth v 

Davis v. School Directors 

Day, Weir v 

Dean, Lipscomb v 

Defiance (Board of Education of), Sewell v ... 

Dennison, Schol District of, v. Padden 

Dent v. Bryce 

Dewey v. Union District, AJpena 

Dickinson, Bealey v 

Dilman, School District 2 of Oxford v 

Directors, &c., v. Trustees, &c 

Dixon County, School District 2 of, v. Stough. 

Donelly v. Duras 

Donovan v. Board of Education of New York City 
Donovan v. McAlpin 



9 Baxter (Tenn.), 398 

8N. S. Rich. (S. C.), 123--- 

57 111., 118 

51 Iowa, 350 



51 Mo., 21 

53 N. H., 424 

56 Iowa, 573 

lONebr., 293 

11 Bush(Ky.), 74 

lOKans., 283 

88N. C.,120 

10 W. N. C., 156 

27 Al. L. Journal, 283 

5 Pa. L. J. Rep., 78 
10 Phil. Rep., 600 
66 Pa. St., 134 
22Kaus.,521 
40 Iowa, 444 ....... , 

72 Mo., 496 

3 Tex. App., 489 

47 N. Y. App., 608 

43 Iowa, 466 ......... : 

48 Ind., 327; 17 Am. Rep., 738 
1 Baxter (Tenn.), 316 

10 R. L, 615 
9Nebr., 53 



Donovan, Marshal v 

Dorr Township Board, Wenzel v. 



42 Ind., 200 

109 Mass., 128 ................ 

10 Kans., 442 ............... 

25 Minn., 1: 33 Am. Rep.,$ 
450. I 

27 Minn., 433 ............... 

20 Minn., 72 ................ 

40 How. Pr. (N. Y.), 249 .... 

69 Ind., 295; 35 Am. Rep., 216. 
52 Ga., 211 

6 Hun (N. Y.), 88 

36 Ark., 446 ................ 

50 Iowa, 11 .......... -, ...... 

133 Mass., 103 ............... 

57 Texas, 225. .............. 

10W.N. C., 156 ............ 

50 Miss., 403 ................ 

92 111., 293 .................. 

35 Ohio St., 143 ............. 

1 Lea (Tenn.), 546 ......... 

29 Ohio St., 9 .............. 

89 Pa. St., 395 .............. 

16S.C.,1 ................... 

43 Mich., 480 ............... 

48 Vt.,599 .................. 

22 Ohio St., 194 ............. 

66111., 247 .................. 

4Nebr.,357.. .............. 

HNebr.,283 ................ 

44 N. Y.Snp.Ct,. 53 ......... 

85 N. Y. App., 185; 39 Am. 

Rep., 649. 
10 Bush (Ky.), 681 ......... 

49 Mich., 25 ................ 

167 



10 



CIRCULARS OF INFORMATION FOR 1883. 



Title of case. 



Report. 



Dorton v. Hearne 

Dove v. Ind. School District, Keokuk , 

Dresden, School District 6 of, v. JStna Ins. Co 

Drittfl. Snodgrass 

Duffy, State ex rel, Stoutmeyer v , 

Dupuyt, People ex rel. C. & St. L. R'yCo.t?.. 

Duras, Donelly v 

Duryea (collector), State v 



East Bridgeport School District, Wilson v 

Easton, State ex rel. Dietz v 

East St. Louis v. Trustees of Schools 

Eddy v. Wilson 

Ely, Abercrombie v 

Erie, School District of City of, v. Fuess 

Erwin v. St. Joseph Board of Public Schools.. 



Essex School District, Heck v 

Estes, School District 8 of Dodge County v... 

Everest, Clement v 

Everett t'. School District 2 of Cannon 

Every, Lord v 

E wart, Bailey v 

Ewing v. School Directors 

Exeter, Trustees of Phillips Exeter Academy v. 



Fairfax (School District 2 of), Scott v... 

Fairfield, Board of Education of, v. Ladd . 

Faris, Ratcliffv 

Farnum's petition 

Faulkner, Holbrook v 

Ferree v. School District, Allegheny 

Ferriter v. Tyler 

Fifield v. S wett 

Finch v. Board of Education of Toledo . . 
Fish, Bassettv 



Fleishell & Kimsey v. Hightower . 

Flint River Ind. District v. Kelley , 
Flood, Ward v 



Fogleman, School Directors v 

Fort Worth, City of, v. Davis 

Fosdick, Dallas v 

Freeport School District (Board of Education 

of), Bartlett v. 
Fremont (District Township of), Templin &. 

Son v. 

Frink, Allen v 

Fry, Hodgkin v 

Fuess, School District of City of Erie v 

Fuller, Long v 

Furniture Company v. Harvey 



Gage, School District 4 of Marathon v 

Gallagher, People ex rel. King v 

Garrett, O verton v 

Garvey, Trustees of Common Schools v 

Geddes v. Thomastown 

Gehling v. School District 56 of Richardson 
County. 

Genesee Township v. McDonald 

168 



67 Mo., 301 

41 Iowa, 689 

62 Me., 330 

66 Mo., 286; 27 Am. Rep., 343 
7 Nev.,342; 8 Am. Rep., 713 

71 111., 651 

HNebr.,283 

40 N. J.L.,266 



36 Conn., 280 

13 Abb. Pr. N. 8. (N.Y.), 159 

102 111., 489 

43 Vt.,3d3 

60 Mo., 23 

98 Pa. St., 600 

2McCrary (U. 8. Cir. Ct.), 
608. 

49 Mich., 551 

13Nebr., 52 

29 Mich., 19 

30 Mich., 249 

38 Mich., 405 

52 Iowa, 111 

2111. App.,458 

58 N. H., 306; 42 Am. Rep., 
589. 



46 Vt., 452 ) 

26 Ohio St., 210... 

GNebr., 539 

51N. H., 376 

55 N. H., 311 

76 Pa. St., 376 

4S Vt.,444; 21 Am. Rep., 133. 

56N. H., 435 

30 Ohio St., 37 

75 N. Y. App., 303 

62 Ga., 324 



35 Iowa, 568 

4SCal., 36; 17 Am. Rep., C 
405. 

76111., 189 

57 Tex., 225 

40 How. Pr. (N. Y.), 249 .... 
59111., 364 



36 Iowa, 411 



32 Mich., 96 

33 Ark., 716 

98 Pa, St., 600, 
68 Pa. St., 170 , 
45 Iowa, 466... 



39 Mich., 480 , 

11 Abb. N. C.,187... 

5Las. (N. Y.), 156 

Ky 



46 Mich., 316. 
10 Nebr., 239 



Pa. St., 444 




RECENT SCHOOL LAW DECISIONS. 



11 



Title of case. 



Report. 



38,43 

42 

26 

46 

52,53 

56 

25 

60 

70 

26,28, 

34 

35 

43 

37 

64 

43 
45 

49 

55,66 
32 
25 

68 

34 

47,58 
35 

58 



35 
50 
43 

52,67, 

69,71 

51 

58 

24 

45 

43 

25 

51 

31 

28,45, 

46 

23 

33 

27 

30 

77 

31 

47,58 

25,41 

30 

31,49 

55 

67 

56 

30 

72 



Gerke v. Purcell 

German Township School District v. Sangstou 

Gibbs, Stater 

Gibson v. School District 5 of Vevay 

Gillis v. Space 

Goodell, Hughes v 

Gordon v. Comes 

Graham, State ex rel. Straight University v . . 
Grant, State v 

Greenbanks v. Bout well.. 



Greenleaf (Collector), State r 

Greenwood (School District 1 of), Todd v 

Griswold College, Trustees of, v. State 

Grubb, State ex rel. Oliver v 



25 OhioSt.,229 

74 Pa. St., 454 

25 Ohio St., 256 

36 Mich., 404 

63 Barbour (N. Y.), 177.. 
3 Pittsburgh (Pa.), 264 
47 N. Y. App., 608 

25 La. Ann., 440 

74 Mo., 33 

43 Vt.,207 

34 N. J. L.,441.. 
40 Mich., 294 
46 Iowa, 275 
85Ind.,213 



Hackman , Township Board of Education v 

Hagan, Townsend v 

Haile v. Youug 

Haines, Butler v 

Halbert v. School Districts of Watertown 

Halbert v. Sparks 

Hall & Julius i?. District Township of Pleasant 

Valley. 
Hamilton County (District 5 of), District 9 v.. 

Hamtramck Board v. Holihan 

Harbison, Murphy v 

Hardinbrook, District Township' of Bluff 

Creek v. 
Hartford, City of, v. West Middle District 



48 Mo., 243 

35 Iowa, 194 

6 Lea(Tenn.), 501. 

79 Ind.,575 

36 Mich., 421 

9 Bush (Ky.), 259 . 

41 Iowa, 494 



9 Nebr., 331 
46 Mich., 127. 
29 Ark., 340 . 
40 Iowa, 130 . 



Harvey, Furniture Co. v 

Harvey, People ex rel. Daniel witz v 

Hathaway v. New Baltimore and Lake School 
District. 

Hays, City of Crawfordsville v 

Hazen v. Lerche , 

Hazen v. Town Board of Akron 

Head v. The University of Missouri 

Hearne, Dorton v 

Heck v. Essex School District 

Henderson, Collins v 

Herriugton v. District Township of Liston 

Hesper, District Township of, v. Independent 
District of Burr Oak. 

Highto wer, Fleishell & Kimsey v 

Hightowerv. Slayton 

Hill v. City of Boston 

Hodge, People ex rel. McMillan v 

Hodgkin v. Fry 

Hodgkins v. Rockport 

Holbrook v. Faulkner 

Holihan, Hamtramck Board v 

Holland, Auditor v 

Holland v. Davies 

Holmes, Simmons v 

Howard, Robinson r 

Hudson, School Directors v 

Hughes v. Goodell 

Hurff, State v 

Hyde, People ex rel. Gilmour v 



45 Conn., 462; 29 Am. Rep., 
687. 

45 Iowa, 466 

58Cal., 337 

48 Mich. ,257 



42Ind.,200 

47 Mich, 626... 

48 Mich., 188 

19 Wall. (U. S. Sup. Ct.), 526. 
67 Mo., 301 

49 Mich., 551 

11 Bush(Ky.), 74 

47 Iowa, 11 

34 Iowa, 306.... 



62Ga.,324 



i. Rep., 273. 



54Ga.,108; 21 Am 

122 Mass., 344 

4Nebr.,265 

33 Ark., 716 

105 Mass., 475 

55 N. H..311 

46 Mich.', 127 

14 Bush (Ky.), 143 

36 Ark., 446 

49 Miss., 134 

87NC., 151 

88111., 563 

3 Pittsburgh (Pa.), 264 

38N. J. L.,312 

89 N. Y. App., 11 

169 



12 



CIRCULARS OF INFORMATION FOR 1883. 



Title of case. 



Illinois Industrial University v. Champaign 

County. 
Independent Districts, District Township of 

Knoxville v. 

Independent Districts, State v 

Indianapolis, School Commissioners of, v. Mag- 

ner. 

Inspectors, Parman v 

Irvington (Town of), Putnam v 



Jackson (District Township of), Williams v 

Jamison v. Senter 

Jefferson City School Board, King v 

Jenkins v. Andover 

Jennings, School Directors v 

Johnson v. School Directors 

Johnson v. Smith 

Johnson, State v 

Johnson County, Briggs v 

Johnson School Township v. Citizens' Bank... 
Joint School District (Caledonia and Mt. Pleas- 
ant). Scott r. 

Joint School District, Spencer v 

Jones v. Nebraska City 

Jones v. School District 47 of Neosho County.. 

Jones v. Wright 

Judd v. Thompson 



Kaine v. Commonwealth (Pa.) 



Kalamazoo School District No. 1, Stuart v 



Kane v. School District 

Kelley, Flint River Independent District r 

Keokuk (Independent School District of), 
Dove v. 

Kesler, School Committee of Providence v 

King v. Jefferson City School Board 

Kirkpatrick v. Independent School District of 
Liberty. 

Kruox, Woodbury v 

Knoxville, District Township of, v. Independent 
Districts. 

Knoxville National Bank v. Independent Dis- 
trict of Washington. 

Kuhn v. Board of Education of Wellsburg 

Ladd, Board of Education of Fairfield v 

Lake View, Trustees of Schools of, v. People. .. 
Larnar (Board of Education of), School Dis- 
trict v. 

Lamkin, Otken v ! 

Lander v. Seaver 

Lane v. District Township of Woodbury 

Laverty, Van Arsdale v 

Leahy, Beach v 

Learock v. Putnam 

Lee's Summit (Board of Education of), Wilson v. 
Le Grand (Independent School* District of), 
Mann r. 

Leonard, State v 

Ltrche, Hazen v 

Lewis (Collector), States 

170 



Report. 



76111., 184 



C6 Iowa, 420 . 

46 Iowa, 425. 
84Ind., 67... 



49 Mich., 63. 
69Ind., 80.. 



36 Iowa, 216 

56 Miss., 194 

71 Mo., 628; 36 Am. Rep., 499. 

103 Mass., 94 

10 111. App.,645 

67 Mo., 319 

641nd.,275 

55 Mo., 80 

4 Dillon (U. S. C. Ct.), 148. 

81 Ind., 515 

51 Wis., 554 



15Kans., 259 

INebr., 176 

8 Kans., 362 

34 Mich.. 371 

125 Mass., 553 



27A1.L.J.,283 
30 Mich., 69.. 



52 Wis., 502 
55 Iowa, 568 
41 Iowa, 689 



67N.C.,443 

71 Mo., 628; 36 Am. Rep., 499. 
53 Iowa, 585 



74 Me., 462.. 
36 Iowa, 420 

40 Iowa, 612 



4W.Va.,499 



26 Ohio St., 210 

87 111. , 303 ; 29 Am. Rep. , 55. . 
73 Mo., 627 



56 Miss., 758 | 

32 Vt.,114 

58 Iowa , 462 

69 Pa. St., 103 

11 Kans., 23 

Ill Mass., 499 

63 Mo., 161 

52 Iowa, 130 



3Tenn.Chan.,177 

47 Mich., 626 

35N.J.L., 377 



Sj 

II 



24,41 
32 

27 
35 

26 
66 

44 

69 

73, 74 

41 

51,66 

47 

42 

42 

22 

29 

70 

44 
71 

67 

58,59 

60 



22,26, 

34,52, 

61 

47 

54 

62 

32, 44 
73,74 



68,72 
32 

32 
21 

42 
64,74 

28 

25,41, 
61 

77 
33 
73 

28 
55 
67 
67 

51,67 

51 

31 



RECENT SCHOOL LAW DECISIONS. 



13 



Title of case. 



Liberty (Independent School District of), Kirk- 
pat rick v. 

Liberty Township (Treasurer of), State ex rel. 
Steinbeck v. 

Lipscorab r. Dean 

Listen (District Township of), Herrington v... 

Littleworth v. Davis 

Long v. Fuller 

Loomis v. Coleman 

Lord v. Every 

Lovingston v. School Trustees 

Lower Allen School District v. Shiremanstown 
School District. 

Lynnfield, Russell v 

Lyon County (School District 37 of), Conkliu v. 



Mabee, Wieman v 

Me Alpiu, Donovan v. 



McCann , State ex rel. Games v 

McClelland, Rice v 

McCormick v. Burt 

McCutcheon v. Windsor 

McDonald , Genesee Township v 

Me Farland, Morrison v 

McKay i?. Batchellor 

McKeesport, School District of, v. Miller 

McKenney, Marble v 

McKinuey v. School District 45 of Dakota Co.. 

McLaren v. Township Board of Akron 

Magner, School Commissioners of Indianapolis v. 

Manchester, Warde v 

Mann v. Ind. School District, Le Grand..".. 

Marathon, School District 4 of, v. Gage , 

Marble v. McKenney 

Marengo (Directors Ind. District of), Mur- 
phy v. 

Marshall v. Donovan 

Marshall (Ind. District of), National Bank of 
Mount Pleasant v. 

Marshalltowu (Ind. District of), Bellraeyer v 

Ma&on-r. Fractional District, Scio and Webster. 

Mason City, Ind. District of, v. Reichard 

Maynard v. Woodward 

Merrill, Curry er v 



Merrill v. Town of Monti cello ................ 

Midland (School Districts of), School District 



Miller, School Directors v ......... , 

Miller, School District of McKeesport v 
Miller, Sharp v ................. 

Milton (School District 2 of), Smith v . 
Milwaukee Industrial School v. Supervisors 
Minor, Board of Education of Cincinnati v 



Mitchell, Adkins v . 
Mizner, State v 



Report. 



53 Iowa, 585 

22 Ohio St., 144 

1 Lea(Tenn.),546... 
47Iowa,ll . 

50 Miss., 403 

68 Pa. St., 170 

51 Mo., 21 

38 Mich., 405 

99 111., 564 

91 Pa. St., 182 



116 Mass., 365. 
22Kans.,521 



45 Mich., 484 

85 N. Y. App., 185; 39 Am. 

Rep., 649. 
21 Ohio St., 198 



58 Mo., 116 

95 111., 263; 35 Am. Rep., 163 
55 Mo., 149 



98 Pa. St., 444 

51 Ind., 206 

2 Colo., 591 

1 Pa, Sup. Ct., 510 

60 Me., 332 

20 Minn., 72 

48 Mich., 189 

84 Ind., 67 

56 N. H.,508 ; 22 Am.Rep.,504. 

52 Iowa, 130 

39 Mich., 480 

60 Me., 332 

30 Iowa, 429 - 



10 Bush (Ky.), 681. 
39 Iowa, 490 



44 Iowa, 564 

34 Mich., 230 

50 Iowa, 98 

36 Mich., 423 

25 Minn,, 1; 33 Am. Rep., $ 
450. I 

14 Fed. Rep., 628 

40 Mich., 551 



Mobile School Commissioners v. Putnam 



54 111., 338..., 

1 Pa. Sup. Ct., 510 

65 Mo., 50 

40 Mich., 143 

40 Wis., 328 

23 Ohio St., 211 ; 13 Am. Rep., 

233. 

67 111., 511 

45 Iowa, 248; 24 Am. Rep. ,769; 

50 Iowa, 145; 32 Am. 

Rep., 128. 

44 Ala., 506 j 

171 



29,50 

24 
51 
42 
43 
52, 53 

58 
27 

73 
53 

73 

57 

62,63 

26,51, 

52 

56,77 

52,5, 

69 

68 

55 

36 

44 

34 

66 

47,58 

:^5 

67 

28,71 
34 
77 

25 
29 

46 
59, 60 

55 

29 

21,'*2, 

65 

29 

31 

54 
44 
22 

22 

22 



77,78 



23,41, 
47 



14 



CIRCULARS OF INFORMATION FOR 1883. 



Title of case. 



Report. 



Monaghan v. School District 1 of Randall 

Monroe County (Board of Commissioners of), 
Campbell v. 

Monticello Bank v. District Township of Cof- 
fin's Grove. 

Monticello Seminary v. People 

Monticello (Town of), Merrill v 

Moore v. Ind. District of Toledo City 

Moorehead, District Township of Corwin v 

Morgan County, Trustees, &c., of, v. Braner.. 

Morley v. Power 

Morrison v. McFarland , 

Morrow v. Wood 

Morton, District Township of Taylor v 

Moulton, Directors of Subdistrict 7 of, v. Burton 

Moundville, Probasco v , 

Mt. Pleasant v. Beckwith 

Mt. Pleasant, National Bank of, v. Ind. Dis- 
trict Marshall. 

Murphy v. Directors Ii d. District of Marengo. 

Murphy v. Harbison 

Muscatine (Board of Directors of) Clark v... 



Nebraska City, Jones v 

Neosho County (District 47 of), Jones v 

New Baltimore and Lake School District, 
Hathaway v. 

Newton, Boynton v 

New York City (Board of Education of), Don- 
ovan v. 

New York City (Board of Education of), State 
ex rel. Murphy v. 

New York City (Commissioners of Taxes of), 
People ex rel. Academy of the Sacred Heart tn 

New York City (Mayor of), Dannat v 

Nichols, Clark v 

Nichols v. School Directors 

North McGregor (Independent School District 

of), Cook v. 
Northumberland, First National Bank of, v. 

Rush School District. 

Norton v. Perry 

Nuckolls County (District 9 of), State ex rel. 

Phillips v. 

Oakland (Board of Education of), People ex 
rel. Beckwith v. 

Oliver v. Carsner 

Opinion of justices 

Otken v. Lamkin . . 



Ottawa, Board of Education of, v. Tinnon 

Overton v. Garrett 

Oxford, School District 2 of, v. Dilman 



Padden, School District of Dennison v 

Palmer, Stater , 

Parker v. School District 

Parks, Cairo and Fulton Railroad Company v. 

Parman v. School Inspectors 

Patten, St. Joseph Board of Public Schools v. . 

Peabody v. School Committee of Boston 

172 



38Wis.,101 J 

71 Ind., 185 



51 Iowa, 350, 



106 111., 398 

14 Fed. Rep., 628 

55 Iowa, 654 

43 Iowa, 466 

71 111., 546 

5 Lea (Tenn. ), 691 

51 Ind., 206 

35 Wis., 64 ; 17 Am. Rep., 741 

37 Iowa, 553 

26 Ohio St., 421 

11 W. Va., 501 

100 U. S. Sup. Ct., 528 

39 Iowa, 490 



30 Iowa, 429 . 
29 Ark., 340 . 
24 Iowa, 266 . 



INebr., 176 

8 Kans., 362 

48 Mich., 257 



34 Iowa, 510 

44 N. Y. Sup. Ct., 53 

3Hun(N.Y.), 177. 
6 Hun (N. Y.), 109. 



6Hun(N. Y.),88 

52 N. H., 298 

93 111., 61; 34 Am. Rep., 160 
40 Iowa, 444 



81* Pa. St., 307 



65 Me., 103. 
lONebr.,544 



55Cal., 331 



39 Tex., 396 

68 Me., 582 

56 Miss., 758... 

26 Kans., 1 

5Lans. (N. Y.), 156 
22 Ohio St., 194 



89 Pa. St., 395 

39N.J.L.,250 

5 Lea (Tenn.), 525 

32 Ark., 131 

49 Mich., 63 

62 Mo., 444 

115 Mass., 383 



RECENT SCHOOL LAW DECISIONS. 



15 



Title of case. 



Peachy v. Redmond 

Peck v. Smith 

Peers v. Board of Education, District 3, Madi- 
son County. 

Penn, Brody 

Pennington v. Coe 

People v. Board of Education 

People, Monticello Seminary v 

People v. Sisson 

People, Trumbo v 

People, Trustees of Schools of Lake View v 

People, Wells v 

People ex rel. Academy of the Sacred Heart r. 
Commissioners of Taxes of New York City. 

People ex rel. Beckwith v. Board of Education 
of Oakland. 

People ex rel. Bellmer v. State Board of Edu- 
cation. 

People ex rel. Brewer, Rogers r 

People ex rel. C.& St. L. Railway Company r. 
Dupuyt. 

People ex rel. C, & St. L. Railroad Company 
v. Trustees of Schools. 

People ex rel. Daniel witz v. Harvey 

People ex rel. Dietz v. Easton 

People ex rel. Gilmour v. Hyde 

People ex rel. Hunter v. Peters 

People ex rel. Johnson, Thacher v 

People ex rel. King v. Gallagher 

People ex rel. McMillan v. Hodge 

People ex rel. Miller, City of Chicago v 

People ex rel. Murphy v. Board of Education 
of New York City. 

People ex rel. Schenectady Astronomical Ob- 
servatory v. Allen. 

People ex rel. T., W. & W. Railway Company, 
Trustees of Schools r. 

People of Illinois, Northwestern University v.. 

Perkins v. Crocker... 



Report. 



59Cal., 326 

41 Conn. ,442 

72111., 506 



32 Mich., 272 .. 

57111., 118 

101 111., 308; 40 Am. Rep., 196. 
106 111., 398 f.... 

98111., 335 

75 111., 561 

87 111., 303; 29 Am. Rep., 55 

71 111., 532... 



6Hun(N. Y.),109 



55Cal., 331 
49CaL, 684 



68 111., 154 
71 111., 651 



76 111., 136. 



Perkins r. Directors Independent District, 

West Des Moines. 
Perkins, School District 29 of Bourbon County v. 

Perrott t\ Philadelphia 

Perry, Norton v * 

Peters, People ex rel. Hunter v 

Philadelphia, Perrott v 

Phillips, Shanklandv 

Phillips Exeter Academy, Trustees of, v. Exeter. 

Pickering v. Coleman 

Pickett f. School District 1 of Wiota 

Pierce v. Beck 

Place v. District Township of Colfax 

Pleasant Valley (District Township of), Hall 

& Julius r. 
Pleasant Valley (Ind. District of), Wolf & Son 

v. 

Post, Rulison v 

Potter v. Board of Trustees 

Powell ?\ Board of Education 

Powell v. Board of Supervisors, Saint Croix 

County. 

Powell, State t; 

Power, Morley r 

Powers. State v <,... 



58CaL, 337 

13 Abb. Pr. N. s. (N. Y.), 159.. 
89 N. Y. App., 11 

4Nebr., 254 

98111., 632 

11 Abb. N. C., 187 

4Nebr.,265 

80 111., 384 

3 Hun (N. Y.), 177 



49 

78 
47,52 

48 

35 

62,64 

37 

35 

35 

64,74 

66 

38 

65 
65 

32 
34 

28 

50 

61 

72 

51 

35 

62 

27 

36,41 

47 



42 N. Y. App., 404 25 



63111., 299 .................. 



24,34 



. up. 

109 Mass., 128..... 27 

56 Iowa, 476 49,75 

21 Kans., 536; 30 Am. Rep., 447 40 

83 Pa. St., 479 69 

65 Me., 103 ! 43,44 

4 Nebr., 254 i 51 

83 Pa. St., 479 | 69 

3 Tenn. Chan., 556 j 31 



58 N. H.,306; 42 Am. Rep.,589 
53 N. H.,424 ................ 

25 Wis., 551 ................ 

61Ga.,413 ................. 

56 Iowa, 573 ................ 

41 Iowa, 494 ................ 



51 Iowa, 432; 30 Am. Rep., 

450, n. 
79111., 567 



68 
46 

74 

50 



10 111. App., 343 

97 111., 375; 37 Am. Rep., 123.! 34,64 
46 Wis., 210 36 



67 Mo., 395 18 

5 Lea (Tenn.), 691 1 72 

38 Ohio St., 54 i 21,28 

173 



16 



CIRCULARS OF INFORMATION FOR 1883. 



Title of case. 



Report, 



Power's petition 

Probasco r. Moundville 

Prospect (District 6 of), Butterfield v 

Providence, School Committee of, v. Kesler ... 

Purcell, Gerke v 

Puterbaugh r. Township Board of Education.. 
Putnam, Learock v 

Putnam, Mobile School Commissioners v 

Putnam v. Town of Irvington 



Randall (School District 1 of), Monaghan v 

Raleigh, Commissioners v 

Eat cliff v. Faris. . 



Eawson v. Spencer 

Eawsou v. Van Riper 

Ray, Wait v 

Raymond, Richards v 

Redmond, Peachy v 

Reichard, Ind. District of Masen City v 

Eiee, Bouton v 

Eice v. McClelland.. 



Richards v. Raymond 

Richardson County (District 56 of), Gehling v 

Eiker, Albright v 

Eoach v. St. Louis School Board 

Eobinson v. Howard 

Eockport, Hodgkins v 

Eogers V. People ex rel. Brewer. 

Eulison v. Post 

Eush, School District 4 of, v. Wing 

Eusli School District, First Nat. Bank of 
Northumberland v. 

Russell v. Lynnfield 

Ryan v. School District 13 of Dakota County.. 

St. Croix County (Board of Supervisors of ), 

Powell v. 

St. Joseph Board of Public Schools, Erwinv. .. 
St. Joseph Board of Public Schools v. Pat ten . 

St. Joseph's Church v. Assessors 

St. Louis, Kansas City & Northern Railway 

Company, State ex rel. Board of Education 

of Moberly v. 

St. Louis School Board, Roach v 

St. Mary's College v. Growl 

Saugstou, German Township School District v 

School Directors, Davis v 

School Directors, Ewing v 

School Directors v. Fogleman 

School Directors v. Hudson 

School Directors v. Jennings 

School Directors, Johnson v 

School Directors v. Miller 

School Directors, Nichols v 

School District, Aikman v 

School District v. Board of Education of Lamar 

School District v. Colvin 

School District, Kane v , 

School District, Parker v 

174 



52 Mo., 218 

11 W. Va.,501.. 

61 Me., 583 

67 N. C., 443.... 
25 Ohio St., 229. 

53 Mo., 472 

Ill Mass., 499... 

44 Ala., 506 

69 Ind., 80 



38 Wis., 101 

88N. C., 120 

6Nebr.,539 

113 Mass., 40 

IN. Y. Sup. Ct,, 370 

5 Hun (N. Y.),649 

92111., 612 j 

59Cal., 326 

50 Iowa, 98 

10 Phil. Reports, 559 

58 Mo., 116.. 



92 111., 612 ) 

lONebr.,239.. 

22Huu(N.Y.), 367 

7 Mo. App.,567 

87N.C., 151 , 

105 Mass., 475 

68111., 154 

79111., 567 

30 Mich., 351 

81* Pa. St., 307 , 

116 Mass., 365 ., 

27 Minn., 433 



46 Wis., 210 

2 McCrary (U. S. C. Ct.), 608. 

62 Mo., 444 

12 R. I., 19 

74Mo., 163 



7Mo. App., 567 

10 Ivans., 442 

74 Pa. St., 454 

92 111., 293 

2111. App., 458 

76 111. ,189 

88111., 563 

10 111. App., 645 

67 Mo., 319 

54111., 338 

93111., 61; 34 Am. Rep., 160. 

27Kans., 129 

73 Mo., 627 

10 Kans., 283 

52Wis.,502 

5Lea(Tenn.),525 



RECENT SCHOOL LAW DECISIONS. 



17 



Title of case. 



Report. 



School District, Stevenson v 

School District I of Reno County v. Shadduck. 

School District 5, Stackpole v 

School District 8 of Dodge County v. Estea 

School District 9 v. School District 5 of Hamil- 
ton County. 

School District 9 v. School District 5 of Mid- 
land. 

School District 25 of Hall County v. Cowee. .. 

School Trustees, Lovingston v 

School Tru stees, State v 

School Trustees, To wnsend v 

Scio and Webster (Fractional District of), 
Mason v. 

Scott v. Joint School District . . 



Scott v. School District 2 of Fairfax 

Seaver, Lander v 

Seed, Commonwealth v 

Senter, Jamison v 

Sewell v. Board of Education of Defiance 

Shadduck, School District 1 of Reno County v 

Shankland v. Phillips 

Shawnee County (Commissioners of), Wash- 
burn College v. 

^3harp v. Miller 

Sheffield School Township v. Andresa 

Sherlock v. Wmnetka 

Shiremanstown School District, Lower Allen 
School District t\ 

Silsbee, Stockle v 

Simmons v. Holmes 

Sisson, People v 

Slayton, Highto wer v 

Smith v. District No. 2 of Milton 

Smith, District Township of Union v 

Smith, Johnson v 

Smith, Peck v 

Smith, Sproul v 

Smith v. Township -Board of Education 

Snodgrass, Dritt v 

South Bendr. University of Notre Dame du Lac. 

Space, Gillis v 

Spalding v. Chelmsford 

Sparks, Halbert v 

Spencer v. Joint School District 

Spencer, Rawson v 

Spring v. Wright 

Springfield School Directors, State ex rel. Rob- 
erts v. 

Sproul v. Smith 

Stackpole v. School District 5 

State, Adams v 

State, Baughart, pros., v. Sullivan 

State, Bays v 

State v. Bremond.... 

State, Corrigan, pros., v. Duryea 

State, Daneuhoffer v 

State, Duryee, pros. , v. Greenleaf. 

State v. Gibbs 

State v. Grant 



87111., 255 ) 

25Kans., 467.. 

9Oreg., 508 

ISNebr., 52 

9Nebr.,331 

40 Mich., 551... 



9Nebr., 53 

99111., 564 

43 N. J. L., 312 

41N.J.L., 312 

34 Mich., 230 



51 Wh., 554 
46 Vt. f 452.. 



32 Vt., 114 

5 Pa. L. J. Rep., 78. 

56 Miss., 194 

29 Ohio St., 89 

25Kans.,467 

3 Tenn. Chan., 556. 

8Kans.,344 



65 Mo., 50. 

56Ind., 157 

68111., 530 

91 Pa. St., 182 



41 Mich., 615 

49 Miss., 134 

98111., 335 

54 Ga.,108: 21 Am. Rep., 273 

40 Mich., 143 

39 Iowa, 9 

64Ind., 275 

41 Conn., 442 

40 N. J. L.,314 

58 Mo., 297 

66 Mo., 286 : 27 Am. Rep., 343. 

69Ind., 344 

63 Barbour (N. Y. ), 177 

117 Mass., 393 

9Bush(Ky.), 259 '..... 

15 Kans., 259 

113 Mass., 40 

63111., 90 

74 Mo., 21 



40N.J.L., 314 

9Oreg., 508 

82 111., 132 

36 N. J. L., 89 

6Nebr.,167 

38 Tex., 116 

40 N. J. L., 266 

69 Ind. , 295 : 35 Am. Rep. , 216 . 

34 N. J. L., 441 

25 Ohio St., 256 

74Mo.,33 

175 



52,53, 

66 

65 

33 

70 

34 

31 

68 

58 

30 

50,51 

59,60 

70 
66,70, 

77 
77 
69 
74 
65 
31 
36 

22 
29 
45 
27 



31,41 

35 

28 

43 

59 

42 

78 

32 

27 

55 

35,36 

52,53 

43 

25 

44 

23 

52 



32 
33 

58 

35 

52, 71 

24 

35 

77 

35 

26 

70 



2 5032 



18 



CIRCULARS OF INFORMATION FOR 1883. 



Title of case. 



Report. 



State v. Independent School Districts. 

State, Lamb, pros., v. Hurff 

State v. Leonard 

State v. Mizner... 



State v. Powell 

State v. Powers (New London District) 

State v. School Trustees 

State, Slack, pros.,v. Palmer 

State v. Tiedemann : 

State, Trustees of District 4, pros., v. Lewis.. 

State, Trustees of Griswold College v 

State, Yazoo City v 

State v. Young 

State Board of Education, People ex rel. Bell- 

mer v. 
State ex rel. Board of Education of Moberly v. 

St. Louis, Kansas City & Northern R. R. Co. 

State ex rel. Brawford v. Cook 

State ex rel. Burpee v. Burton 

State ex rel. Dunton v. Cobb 

State ex rel. Games v. McCann 

State ex rel. Gregory v. School District 24 

of Adams County. 
State ex rel. Kimball v. School District 4 of 

Adams County. 

State ex rel. Moreland v. Whitford 

State ex rel. Oliver v. Grubb 

State ex rel. Phillips v. Dist. 9 of Nuckolls Co. 

State ex rel. Riley v. Blain 

State ex rel. Roberts v. School Directors of 

Springfield. 
State ex rel. School District 2 of West Bend v. 

Wolfrom. 
State ex rel Stallard v. White etal 



Starte ex rel. Steinbeck v. Treasurer of Liberty 
Township. 

State ex rel. Stoutmeyer v. Duffy 

State ex rel. Straight University v. Graham 

State ex rel. Werden v. Williams 

S'* ate ex rel. Wilder, Cist v 

State of Missouri v. Tiedemann 

State to use of Maries County v. Johnson 

Sterricker, Union School District v 

Stevenson v. School District 



Stevenson & Rice v. Township of Summit . . . 

Stevens' Point, Stroud v 

Stock-lale r. Way land School District 

Stoc e v. Silsbee 

Story County, Whitney & Keemer v 

Stough, School District 2 of Dixon County v. 

Stow, Whitney v. 

Stroud v. Stevens' Point . . 



Stuart v. School District No. 1 of Kalamazoo . . 



Stuckey v. Churchman 

Sullivan (Collector), State v 

Summit (District Township of), Stevenson & 
Rice v 
176 



46 Iowa, 425 

38 N. J.L., 312 

3Tenn. Chan.,177 

45 Iowa, 248; 24 Am. Rep., 

769; 50 Iowa, 145; 32 

Am. Rep., 128. 

67 Mo., 395 

38 Ohio St., r 4 

43N.J.L., 312 

39N. J.L.,250 

69 Mo., 306 

35 N. J. L., 377 

46 Iowa, 275 

48 Miss., 440 

23 Minn., 551 

49Cal., 084 



74 Mo., 163 



72 Mo., 496 

45 Wis., 150; 30 Am. Rep., 706. 
8 Rich., N. s. (S. C.), 123... 

21 Ohio St., 198 

13 Nebr., 78 



13 Nebr., 82 

54 Wis., 154 j 

85 Ind., 213 

10 Nebr., 544 

36 Ohio St., 429 

74 Mo., 21 



25 Wis., 468. 



82 Ind., 283; 42 Am. Rep., ( 

496. 
22 Ohio St., 144 

7Nev., 342; 8 Am. Rep., 713. 

25 La. Ann., 440 

29 Ohio St., 161 

21 Ohio St., 339 

3 McCrary(U. S. C. Ct.), 399. 

55 Mo., 80 

86111., 595 

87 111., 255.. 

35 Iowa, 462. 

37 Wis., 367 

47 Mich., 226 

41 Mich., 615 

54 Iowa, 81 

4 Nebr., 357 

Ill Mass., 368 

37 Wis., 367 



30 Mich., 69 

2 111. App., 
36 N. J. L., 8 
35 Iowa, 462. 



\ 



RECENT SCHOOL LAW DECISIONS. 



19 



Title of case. 



Supervisors, Milwaukee Industrial School v.. 
Sntton Manufacturing Company v. Sutton 

Swett. Fitield v... 



Taylor v. Brownfield 

Taylor, District Township of, v. Morton 

Templin & Son v. District Township of Fre- 
mont. 

Thacher v. People ex rel. Johnson 

Thomas, Commonwealth v 

Thomasto wn, Geddes v 

Thompson v. Abbott 

Thompson v. Beaver 

Thompson, Judd v 

Tiedemann, Stater 

Tiedemann, State of Missouri v 

Tinnon, Board of Education of Ottawa v 

Todd v. School District 1 of Greenwood 

Toledo ( Board of Education of), Finch v 

Toledo City (Independent District of), Moore v. 

Townsend v. Hagan 

Townsend v. Trustees District 12, Essex County. 

Township Board of Education v. Hackman 

Township Board of Education, Puterbaugh v.. 

Township Board of Education. Smith v , 

Tripp v. School District 3 of Utica 

Trumbo v. People 

Trustees of Common Schools v. Garvey 

Trustees, &c., Directors v 

Trustees of Schools, East St. Louis v 

Trustees of Schools v. People 

Trustees of Schools, People ex rel. C. & St. L. 
R. R. Co. v. 

Trustees of Schools v. People ex rel. T., W. & 
W. R. R. Co. 

Tyler, Ferriter v 



Union, District Township of, v. Smith 

Union District ( Alpena), Dewey v 

Union School District, Armstrong v 

Union School District r. Sterricker 

United States v. Bun tin 

University (Northwestern) v. People of Illinois 

University of Iowa, Weary v 

University of Missouri, Head v 

University of Notre Dame du Lac, South Bend v. 
Utica (School District 3 of), Tripp v 



Van Arsdale v. Laverty 

Van Riper, Rawson v 

Vevay (School District 5 of), Gibson v 



Wait r. Ray 

Waltersville School District, Wilson v. 
Ward v. Flood.. 



Ward v. School District 15 of Colfax County . . 
Warde v. Manchester 

Washburn College v. Commissioners of Shaw- 
nee County. 

Wasliingtou'(Independent District of), Knox- 
ville National Bank v 

Waterhouse r. Cleveland Public School Board 

Watertown (School District of), Halbert t; 



Report. 



40 Wis., 328 

108 Mass., 106 

56 N. H., 435 



41' Iowa, 264. 
37 Iowa, 553. 
36 Iowa, 411. 



98111., 632 

10 Phil. Reports, 600 

46 Mich., 316 

61 Mo., 176 

63 111., 353 

125 Mass., 553 

69 Mo., 306 

3 McCrary (U. S. C. Ct.), 399 

26Kans., 1 

40 Mich., 294 

30 Ohio St., 37 

55 Iowa, 654 

35 Iowa, 194 

41N. J.L.,312 

48 Mo., 243 

53 Mo., 472 

58 Mo., 297 

50 Wis., 651 .. 

75 111., 561 

Ky., 



66 111., 247 

102111., 489 

87 III., 303; 29 Am. Rep., 55. 
78111., 136 



63111., 299. 



48 Vt., 444 ; 21 Am. Rep., 133. 



39 Iowa, 9 

43 Mich., 480 

28Kans.,345 

86 111., 595 

10 Fed. Rep., 730 

99 U.S. Sup. Ct., 309 

42 Iowa, 333 

19 Wall. (U. S. Sup. Ct.), 526. 

69 Ind., 344 

50 Wis., 651 



69 Pa. St., 103 

IN. Y. Sup. Ct., 370 

36 Mich., 404 , 



5Hun(N. Y.), 649 

46 Conn., 400 

48Cal., 36: 17 Am. Rep., 5 
405. \ 

lONebr., 293 

56 N.H.,508;22Am.Rep.,504. 

8Kans., 344 

40 Iowa, 612 



9 Baxter (Tenn.). 398 
36 Mich., 421..., 



22 
27 
27,34 

30 
59 
47 

35 

50 

58 

32 

27,76 

60 

55 

46 

62,64 

43 

56 

55 

45 

50,51 

43 

55 

27 

72 

35 

31 

27 

25 

64,74 

28 

24,34 

74,75 

59 

71 

72 

70 

61,62 

36 

24 

24 

35,36 

72 

73 
27 
46 

52 

51 

61,62, 

63 

58 

38 

36 

32 

24 
32 



177 



20 



CIRCULARS OF INFORMATION FOR 1883. 



Title of case. 


Report. 


Cited on 
page 


Wayland School District Stockdale v 


47 Mich '226 


29 


Weary v. University of Iowa. ... 


42 Iowa, 338 


24 


Weir v. Day 


35 Ohio St., 143. 


45 


Wells v People 


71 III., 532 . 


66 


Wellsburg (Board of Education of), Kuhn v... 
Wenzel v. Dorr Township Board 


4 W.Va.,499 
49 Mich,, 25 


21 

58 


West Branch (Directors Independent District 


58 Iowa, 77 


42 


of), Albin v. 
West Des Moines (Directors Independent Dis- 


56 Iowa, 476 


49,75 


trict of), Perkins v. 
White et al., State ex rel. Stallard v . 


82 Ind 283; 42 Am. Rep., $ 


60,73, 


"^"hitford State ex Tel Moreland v 


496. ) 
54 Wis 154 J 


74 
22,47, 


W hitney f Stow 


111 Mass., 368 


48 
24,29 


Whitney & Keemer v. Story County 


54 Iowa, 81 


46 


Wickersham Commonwealth ex rel. Swartz v 


66 Pa. St., 134 . 


51 


\Viem an v Mabee 


45 Mich. 484 


73 


Wiley v. School Commissioners of Alleghany Co. 
Wiley v Wilson 


51 Md.,401 | 

44Vt.,404 


41,47, 

48, 61 
30 


Williams, District Township of, v. Jackson... 


36 Iowa, 216 


44 


Williams State ex rel Werden v 


29 Ohio St., 161 


52 


TVillow and Grand Meadow District Town- 


55 Iowa, 606 


46 


ships, American Insurance Company v. 
Wilson v. Board of Education of Lee's Summit 


63 Mo., 167 


67 


Wilson v. East Bridgeport School District 
Wilson, Eddy r ... 


36 Conn. ,280 
43 Vt.,363 


52, 53 
28,31 


Wilson v Waltersville School District 


46 Conn., 400 


51 


Wilson. Wiley v . 


44 Vt.,404 


30 


\V"indsor McCutcheon v 


55 Mo. 149 J 


52,56, 


"\\ T -jQcr School District 4 of Rush v 


30 Mich., 351 


69 
47 


Wiiinetka, Sherlock v ., 


68 111. ,530 


45 


Wiota (School District 1 of), Pickett v . 


25 Wis., 551 


54 


Wolf & Son v. Independent District of Pleasant 
Valley. 
Wolf roin State ex rel. School District 2 of West 


51 Iowa, 432; 30 Am. Rep., 
450, n. 
25 Wis., 468 


46 

26 


Bend v. 
Wood, Morrow v ..... .... 


35 Wis., 64 ; 17 Am. Rep., 741. 


65,78 


Woodbury v. Knox .. .. .. 


74 Me., 462 


68, 72 


Woodbury (District Township of) Lane v 


58 Iowa, 462 


33 


Woodhull v. Bohenblost 


4 Hun (N.Y.), 399 


60 


Woodward Maynard v ... . ....... 


36 Mich., 423 


29 


^Vright Jones v 


34 Mich., 371 .. .. 


58,59 


liV right Spring v 


63 111. 90 


52 


Yazoo City v State . ... ... 


48Miss.,440 


25 


Young Hailo v 


6 Lea (Tenn.), 501 . ... 


49 


Young, State v .......... .............. 


23 Minn., 551 


42 









178 



RECENT SCHOOL LAW DECISIONS 



CHAPTEE I. POWERS OF LEGISLATURES. 

1. Powers of legislatures to establish schools and school systems. The 
constitutionality of legislative statutes is often inquired into by the 
courts. A statute will not be construed as unconstitutional if, by any 
fair and rational construction, it may be brought within the constitu- 
tional power of the legislature. 1 In the absence of any constitutional 
prohibition the whole matter of the establishment of public schools, the 
course of instruction to be pursued therein, how they shall be supported, 
upon what terms and conditions people shall be permitted to participate 
in the benefits they afford in fine, all matters pertaining to their gov- 
ernment and administration come within the range of proper legisla- 
tive authority. 2 Directions in a constitution that the legislature shall 
provide " for the establishment of a thorough and efficient system of 
free schools " and "for the organization of such institutions of learning as 
the best interests of general education in the State may demand," give 
that body power to create independent school districts without the as- 
sent of the citizens residing therein, to authorize the election of a board 
of education by the qualified voters of the district, and to give the 
board power to make annual levies for buildings and the support of 
schools. 3 Where school laws are passed to "secure a thorough and 
efficient system of common schools throughout the State," they are of a 
general nature ; and a special act relative to a school district is prohib- 
ited by a further provision of the constitution that "All laws of a general 
nature shall have a uniform operation throughout the State." The 
court said : 4 "It was a wise provision in the constitution that the sys- 
tem of common schools should be controlled and governed by general 
law,--,, so that the whole State may enjoy the benefits of the best system 
which the experience and wisdom of the legislature can devise. It does 
not require a prophetic eye to see that local legislation to suit the views 
of this locality and of that would soon impair the efficiency of our pub- 
lic schools; that, while in some places they might be elevated, in others 
they would be degraded. True, in some localities, from density of pop- 
ulation and other causes, different necessities may exist requiring modi- 

1 Arlington v. Cotton, 1 Baxter (Tenn.), 316; Opinion of Justices, 68 Me., 582. 
2 Curryer v. Merrill, 25 Minn., 1 ; 8. c., 33 Am. Rep., 450. 
3 Kuhn v. Board of Education, 4 W. Va., 499. 
4 State v. Powers, 38 Ohio St., 54, 64. 

179 



22 CIRCULARS OF INFORMATION FOR 1883. 

fications in the management of schools in order to attain the greatest 
efficiency; but for all such cases ample provision can be made by judi- 
cious classification and discrimination in general laws." 

2. Same. High schools may be established when there is a pro- 
vision of the constitution directing the legislature to provide a thorough 
and efficient system of free schools for the conferring of a good common 
school education 1 and when their existence is in accordance with the 
educational policy of a State. 2 .Normal schools may be provided, though 
a State constitution mentions only free schools and a university. In 
an opinion maintaining this ground, Judge Krekel said: 3 " The consti- 
tution having vested all legislative power not prohibited by the Con- 
stitution of the United States in the general assembly, the establishing 
of normal or other schools than those named, it is fair to presume, was 
intended to be left with the legislature. That normal schools are public 
institutions, useful and necessary for the full development of free schools, 
is not disputed." When the legislature has placed the management of 
the public schools under the exclusive control of directors, trustees, or 
boards of education, the courts have no authority to interfere in matters 
of instruction, 4 nor will they consider a statute unconstitutional which 
imposes upon a State superintendent quasi-judicial powers, such as au- 
thority to hear appeals from the decisions of township boards respecting 
the division of school districts. 5 The legislature may maintain schools 
for a longer period than the time required by the constitution. The 
specifying of time does not negative the right of the legislature to pro- 
vide for maintaining schools longer. 6 Though there is a clause in the 
constitution prescribing a uniform system of public schools, a legisla- 
ture may organize various kinds of school districts, such as independent, 
special, and common school, and may prescribe text books for their 
schools, uniform only for a single class of districts. 7 

3. Power of legislature to establish reform schools and authorize commit- 
ments. The establishment of reform and industrial schools is proper, 
and the commitment to them of specified classes of pauper, disorderly, 
and vagrant children does not involve any improper interference with 
the relation of parent and child, nor imprisonment such as ought not to 
be inflicted except for crime. 8 In an elaborate opinion, Eyan, C. J., 
said : 9 " We cannot understand that the detention of the child at one of 
these schools should be considered as imprisonment any more than its 
detention in the poorhouse, any more than the detention of any child 

1 Richards v. Raymond, 92 111.. 612. 

3 Stuart v. School District No. 1 of Kalamazoo, 30 Mich., 69. 
3 Briggs t>. Johnson County, 4 Dillon (U. S. C. Ct.), 148. 

4 Board of Education of Cincinnati v. Minor, 23 Ohio St., 211 ; S. C., 13 Am. Rep., 233. 
8 State v. Whitford, 54 Wis., 150. 

Sharp v. Miller, 65 Mo., 50. 
'Curryer v. Merrill, 25 Minn., 1. 

8 Milwaukee Industrial School v. Supervisors, 40 Wis., 328. 
Ibid., 337, 339. 
180 



RECENT SCHOOL LAW DECISIONS. 23 

at any boarding school standing for the time in loco parentis to the child. 
Parental authority implies restraint, not imprisonment ; and every 
school must necessarily exercise some measure of the parental power of 
restraint over children committed to it. And when the State, as parens 
patrice, is compelled by the misfortune of a child to assume for it pa- 
rental duty and to charge itself with its nurture, it is compelled also to 
assume parental authority over it. This authority must necessarily be 
delegated to those to whom the State delegates the nurture and educa- 
tion of the child. The State does not, indeed we might say could not, 
intrude this assumption of authority between parent and child standing 
in no need of it. It assumes it only upon the destitution and necessity of 
the child, arising from want or default of parents. And, in exercising 
a wholesome parental restraint over the child, it can be properly said 
to imprison the child no more than the tenderest parent exercising like 
power of restraint over children. 

" When a parent or other proper guardian should be able to show that 
the disability or default on which the child's commitment proceeded was 
accidental or temporary and no longer exists, and that he is * * * 
not otherwise unsuitable for the custody of the child, his right to the 
custody should prevail over the commitment to which he was not a 
party." 

4. Powers of legislatures to control public school districts and corpora- 
tions. As the legislature can establish school districts, so it can change 
or abolish them. The inhabitants of a school district have no rights in 
the existence or in any of the corporate functions of the district which 
can be regarded as vested rights or which can be set up as beyond 
legislative control. 1 This question arose in Massachusetts in conse- 
quence of the enactment of statutes abolishing school districts and 
creating town systems. The court decided that the statutes were not 
unconstitutional as taking the property of districts without compensation 
or as impairing the obligation of contracts. 2 

" Before their enactment," said Colt, J., 3 "school districts were indeed 
#tt<m-corporations, with the power to hold property, to raise money 
by taxation for the support of schools, and with certain denned public 
duties. But they were public and political as distinguished from 
private corporations, and their rights and powers were held at the will 
of the legislature, to be modified or abolished, as public welfare might 
require. The property held by them for public use was subject to such 
disposition in the promotion of the objects for which it was held as the 
supreme legislative power might see fit to make. The laws in question 

l Farnum's petition, 51 N". H., 376. In this case the legislature, within a month 
after the location of a school-house " for five years," provided for an appeal from the 
action of the committee that had located it. See, also, Mobile School Commissioners 
v. Putnam, 44 Ala., 506. 

2 Rawson v. Spencer, 113 Mass., 40. 

'Ibid., 45. 

181 



24 CIRCULARS OF INFORMATION FOR 1883. 

do nothing more 5 they provide for the transfer of public property and 
of a public duty connected with its use from one public corporation to 
another." The debts of such abolished districts may be imposed upon 
the town. 1 The legislature has powers over a State university similar 
to those over school districts. Though it has appointed trustees for the 
institution it may, through agents other than the trustees, sell and dis- 
pose of the property of the university, or at pleasure amend or even re- 
peal the charter, as public policy or the interests of the university may 
require. 2 It can discharge at any time a professor who has been em- 
ployed for a specified time " subject to law." In delivering the opinion 
of the Supreme Court of the United States in this case Mr. Justice Hunt 
said : 3 " That he and his office and contract were subject to the laws in 
existence at the time of making it was sufficiently evident without any 
declaration on the point. All persons and all contracts are in that con- 
dition. But that he would be subject to future legislative action, to the 
extent of an immediate removal and without cause, was not so evident. 
It was to make that point clear, and for no other purpose, that his em- 
ployment for six years * * * was declared to be 'subject to law."' 
5. Powers of legislatures respecting taxation and appropriations. The 
power to tax falls naturally, and usually by constitutional allotment, to 
the legislature, and it cannot delegate this power to another body, as, 
for example, to city school authorities, except by permission given or 
implied in the constitution. 4 The question arose in Maine whether the 
legislature had authority to assess a general tax on the property of the 
State for the support of common schools. The opinion of the justices 
of the supreme court was asked. They said that, education being of 
benefit to the people and taxation being incidental and essential to its 
successful promotion, the tax for educational purposes must be regarded 
as constitutional, inasmuch as it was not repugnant to the constitution 
and was authorized by the grant to the legislature of " lull power to make 
and establish all reasonable laws and regulations for the defence and 
benefit of the people of this State." 5 A legislature cannot authorize a 
school district to levy taxes for other than educational purposes. On 
this ground the several provisions of an act which authorized the 
trustees of schools in townships in Illinois to hold an election, subscribe 
for stock, and issue and deliver bonds to aid in the construction of rail- 
roads, and the voters in such township to vote in favor of such subscrip- 
tion, have been declared unconstitutional. 6 Though the constitution 

1 Whitney v. Stow, 111 Mass., 368. 

2 Illinois Industrial University v. Champaign County, 76 111., 184. See, also, Wtary 
r. State University, 42 Iowa, 338. 

8 Head v. The University of Missouri, 19 Wall., U. 8., 526. 

4 Lipscomb v. Dean, 1 Lea (Tenn.), 546; Waterhouse v. Cleveland Public School 
Board, 9 Baxter (Tenn. ), 398 ; City of Fort Worth v. Davis, 57 Texas, 225. See State 
v. Bremoud, 33 Texas, 116. 

"Opinion of Justices, 68 Me., 582. 

Trustees of Schools r. People ex rd. T., W. and W. Railway Company, 63 111., 299. 
182 



RECENT SCHOOL LAW DECISIONS. 25 

prohibits the application of more than a specified portion of the general 
revenue to school purposes, the legislature may set apart for the same 
object special taxes, such as a dog tax or license fees. 1 A license fee 
is not a tax. 2 A constitutional limitation of a school tax is self- execut- 
ing, 3 but a proviso permitting the tax to be increased under certain cir- 
cumstances requires legislation to put it into operation. 4 A legislature 
can and ought to provide for the support of normal schools which it has 
lawfully established, and whose support has failed through the unconsti- 
tutional appropriation of a part of the revenue of the common school 
fund for their maintenance. 5 Rapallo, J., said: 6 "By establishing them 
and inducing contributions from others for that purpose, it assumed 
the duty of supporting them, and if the particular provision which it has 
attempted to make for such support is objectionable it must be assumed 
that the legislature will regard it as their duty to provide a substitute." 

G. Power of legislatures over school funds. The diverting, by a statute 
or by a city ordinance, of any part of the school fund provided by the 
constitution of a State to other than the purposes specified therein is 
unconstitutional and void. 7 

For this reason the respective acts or parts of acts have been declared 
unconstitutional which provided for the purchase with school moneys of 
a State history for each district not vating against receiving it, 8 which 
allowed a pro rata share of the money received from the common school 
fund to be paid for pupils in a private school, 9 which gave to counties 
money which had become a part of the general school fund through 
their failure to draw it in the way prescribed by the constitution, 10 
which authorized the president of an academy to receive half the public 
moneys due a common school which was given into his charge, 11 and 
which appropriated common school revenues to normal schools. 12 A 
legislature may direct that school funds may be used in the payment of 
overdue claims. 13 A complaint that the legislative power as exercised 
in the expenditure of the school fund provided by the constitution is 
unwarranted will not be heard from one receiving a full share of the 
benefits of that fund. 14 

l Ex parte Cooper, 3 Texas App., 489. 

2 East St. Louis v. Trustees of Schools, 102 111., 489. 

3 St. Joseph Board of Public Schools v. Patten, 62 Mo., 444. 

4 State v. St. Louis, Kansas City and Northern Railway Company, 74 Mo., 163. 

6 Gordons. Comes, 47 N. Y.,608. 

6 Ibid, p. 617. 

7 People v. Allen, 42 N. Y., 404 ; Yazoo City v. State, 48 Miss., 440. 
8 Collinsv. Henderson, 11 Bush (Ky.), 74. 

9 Otken v. Lamkin, 56 Miss. , 758. 
10 Auditor v. Holland, 14 Bush (Ky.), 143. 
"Halbert v. Sparks, 9 Bush (Ky.), 259. 
"Gordon v. Comes, 47 N. Y., 608. 
"State*. Cobb,8 Richardson (S. C.),123. 
"Marshall v. Donovan, 10 Bush (Ky.), 681. 

183 



26 CIRCULARS OF INFORMATION FOR 1883. 



CHAPTER II. SCHOOL DISTRICTS. 

7. Organization of districts. The legal organization of a school district 
will be presumed after it has enjoyed the franchises and privileges of a reg- 
ularly organized corporation for a considerable time. 1 In Michigan the 
legislature has recognized this principle, and has not only deemed it im- 
portant that the power of school districts should not be questioned after 
any considerable lapse of time, but has even established what is in effect 
a very short act of limitation for the purpose. 2 It is too late to revive 
proceedings against the formation of a district after its organization has 
been completed, a tax voted, and a contract made for building a school- 
house, and interests have been established which cannot be overturned 
without public inconvenience and injury and private damage. 3 In a 
Missouri case Vories, J., said: 4 "The evidence shows that this sub- 
district had been organized, conducting business of every kind pertain- 
ing to such an organization for thirteen years. This, we think, was suffi- 
cient to show that such a district existed in fact, without showing their 
organization by record evidence." Where a complainant employed a dil- 
atory remedy against the organization of a district, neglecting a speedy 
one, and the district had consequently enjoyed its franchises five years, 
the court refused to review its organization. 5 The legality of organiza- 
tion cannot be collaterally attacked if a district exists in fact and is in 
full exercise of corporate powers. 6 Judge Campbell, of Michigan, said : 7 
"It would be dangerous and wrong to permit the existence of munici- 
palities to depend on the result of private litigation. Irregularities are 
common and unavoidable in the organization of such bodies, and both 
law and policy require that they shall not be disturbed, except by some 
direct process authorized by law, and then only for very grave reasons." 
A new organization is not necessary when one district is enlarged by 
the addition of the whole or part of another. 8 The incorporation of a 
village constituting a part only of a school district creates, by operation 
of law, a joint village and township district. 9 The creation of new school 
districts from territory lying in different towns must be by the cooperation 
of the towns in their corporate capacities after due notice to the inhabit- v 

1 Stuart v. School District No. 1 of Kalamazoo, 30 Mich., 69. 

8 Ibid., 73, Comp. L. 1871, $3591 : "Every school district shall, in all cases, be pre- 
sumed to have been legally organized when it shall have exercised the franchises and 
privileges of a district for the term of two years." The limit is placed at one year in 
Nebraska. See State v. School District 24 of Adams County, 13 Nebr., 78. 

3 Parman v. School Inspectors, 49 Mich., 63. 

<Kice v. McClelland, 58 Mo., 121. 

6 Lord v. Every, 38 Mich., 405. 
6 Stockle v. Silsbee, 41 Mich., 615. 

7 Clement v. Everest, 29 Mich., 19,22. 

Greenbanks v. Boutwell, 43 Vt., 207; State v. Gibbs,25 Ohio St., 256. 
* State v. Wolfrom, 25 Wis., 468. 
184 



RECENT SCHOOL LAW DECISIONS. 27 

ants. 1 In Missouri it is the duty of township boards of education, iu 
organizing a subdistrict lying in different townships, to meet together and 
so effect its organization j and action by one board alone will not suffice, 
although other boards may have relinquished their right to the territory 
under consideration. 2 The courts will not supervise the action of author- 
ized school officers in dividing a township into school districts, unless 
it appears that they are acting corruptly or from improper motives or 
that the division is grossly unequal and unjust 3 Where a township 
system of schools has superseded a district system, a vote to reestab- 
lish the school district system reestablishes the several districts as they 
were when the township system was adopted. A district which had 
constituted with another district in an adjacent town a union district 
is revived as it was before its union. 4 

8. Alteration of districts. School districts exist only by authority de- 
rived from the legislature. After they have been created and invested 
with the rights, privileges, and powers incident to that class of corpo- 
rations to which such districts belong, the legislature may put an end to 
their corporate existence and take away or modify all the school rights 
and privileges the inhabitants before possessed. 5 An order altering 
a school district, though irregular, is binding upon subordinate officers 
and persons on whom it operates until reversed by regular proceedings. 6 
The incorporation of a village does not remove it from the school juris- 
diction of the township, 7 nor does the extension of the territorial limits 
of a municipality enlarge the school district previously existing within 
it. 8 When a district is divided a different part cannot be set off than 
that specified in the warrant for the meeting at which the division is 
made. 9 Where a new school district is created out of a portion of an 
old one, it is entitled to a pro rata share of the State appropriation for 
school purposes for the current year. 10 It cannot make an agreement 
with the old district for a disposition of property contrary to that pro- 
vided for by law. 11 It is to be presumed by a court that the tribunal 
to which is intrusted the power of changing the lines of school districts 
will examine carefully into all the equities of each case; that the private 
rights and interests to be affected by their action, as well as the public 
convenience and welfare, will receive due consideration and regard. 12 

~ ] Butterfield v. Dist. 6 of Prospect, 61 Me., 583. 

2 Smith v. Township Board of Education, 58 Mo., 297. 

3 Thompson v. Beaver, 63 111., 353; Directors, &c., v. Trustees, &c., 66 111., 247. 

< Sutton Manufacturing Co. v. Sutton, 108 Mass., 106; Perkins v. Crocker, 109 Mass., 
128. 

Earnum's petition, 51 N. H., 376. 

Rawson v. Van Riper, 1 N. Y. Sup. Ct., 370. 

Cist y. State of Ohio, 21 Ohio St., 339. 

State v. Ind. School District, 46 Iowa, 425. 

Butterfield v. School District No. 6 of Prospect, 61 Me., 583. 

10 Lower Allen School District v. Shireinanstown School District, 91 Pa. St., 182. 

11 People v. Hodge, 4 Nebr., 265. 

12 Fitield v. Swett, 56 N. H., 435. See $ 15, post. 

185 



28 CIRCULARS OF INFORMATION FOR 1883. 

The portion of a divided district which obtains the school-house ought 
to contribute to the erection of one in the other portion. 1 

9. Powers of districts. The powers of school districts are those be- 
longing to the most restricted quasi-corporations. They have corporate 
existence by force only of their public functions. 2 They are primarily 
political subdivisions and agencies in the administration of civil gov- 
ernment, 3 and not corporations within the reason or meaning of a 
constitutional inhibition against special acts u conferring corporate 
power." 4 Neither are they municipal in their nature or purpose; 5 but 
they are so far municipal that they cannot be garnished, 6 even by their 
own consent, unless the debtor also consents. 7 The principal acts they 
may perform are the establishment of schools, the erection of necessary 
buildings, the raising of money for school purposes and its expen- 
diture for the same, 8 A district may unite with other parties in the 
erection of a building, one part to be owned by the district as a school- 
house and the other part to be owned by the other party and used for 
purposes disconnected with the schools of the district. 9 The nature of 
the building a school district may erect and whether or not it may in- 
clude a hall were discussed in a Vermont case by Barrett, J., as fol- 
lows: 10 " While, therefore, for the legitimate and proper purposes of 
a district school, the district might make as part of its school-house 
more or fewer rooms, and for more or less use, and different rooms 
for different uses, nevertheless it would not be competent for the 
district, in connection with the construction of a school-house, and, 
as a part of the structure, to make lofts or rooms that were not 
designed nor needed for use in connection with and for the accom- 
modation of the schools of the district. In the present case, if the hall 
was designed to accommodate the schools and the inhabitants of the 
district for the purpose of examinations and exhibitions and other such 
things as are proper and customary in connection with district schools, 
and it was adopted in that view, the purpose was legitimate and within 
the province of the district to carry out by making the hall. On the 
other hand, if the view and purpose were not such, but the design was 
to use the occasion of building a school-house as a pretext for making a 
public hall for town meetings, religious meetings, lectures, concerts, 
dances, picnics, and the other uses to which such halls are ordinarily 

1 School District v. Board of Education of Lainar, 73 Mo., 627. 

2 Stroud v. Stevens' Point, 37 Wis., 367. 

3 Beacli v. Leahy, 11 Kans., 23, 29. 

4 State v. Powers, 38 Ohio St., 54. 

6 People . Trustees of Schools, 78 III., 136. 

* Fleishell & Kiinsey v. Hightower, 62 Ga., 324; High tower v. Slayton, 54 Ga., 108; 
s. c., 21 Am. Rep., 273. 

7 School Dist. No. 4 of Marathon v. Gage, 39 Mich., 484. 

8 People v. Trustees- of Schools, 78 111., 136. See $ 34, 35, post. 

9 Eddy v. Wilson, 43 Vt., 363. 

10 Greenbanks v. Boutwell, 43 Vt., 217. 
186 



RECENT SCHOOL LAW DECISIONS. 29 

put, then the district was doing what it had no lawful authority to do. 
If, again, the hall was designed and adapted to serve the interests of 
the district in respect to its schools, the making of the hall would not 
be rendered illegal if, when not wanted for school purposes, the district 
should permit it to be used for other purposes, having no relation to 
the schools. 

" We think it best to say further that, in the building of a school-house 
to serve present needs, it is entirely proper for the district to have a 
wise and prudent forecast as to its prospective needs ; and in serving 
present needs it would be proper to go beyond the immediate necessity, 
and make reasonable provision for what the district seems likely soon 
to need for the service and accommodation of the increasing population 
and scholars. Common providence and the obvious dictates of economy 
may often require this." 

10. Same. A school district may accept a bequest which does not 
materially increase its burdens. 1 It may lawfully recognize and pay 
equitable claims, though they are not legal demands. 2 Being vested 
with powers coextensive with the duties imposed upon it by statute or 
usage, it may do so reasonable an act as to execute a promissory note 
for a debt legally contracted for the benefit of its property or for money 
borrowed 3 (if it has power to borrow), but the note is not governed 
by the law merchant ; an assignee takes it subject to all defences. 4 The 
payment of such a note cannot be resisted on the ground that it was 
given for unnecessary furniture purchased at an exorbitant price, 
unless fraud is shown and an offer is duly made to return the goods. 5 
A school order does not possess the characteristics of negotiable paper. 6 
The supreme court of Pennsylvania gave the following opinion on this 
point: 7 " Orders drawn by a president of a board of school directors on 
the treasurer of a school district, under the school law, are not negoti- 
able bills or orders, but mere warrants for the payment of money to the 
persons to whom they are issued, to be disbursed by the treasurer under 
authority of law. They therefore do not authorize a subsequent holder 
to maintain suit in his own name, as upon a promissory note, bill, or 
order. They do not possess the ordinary properties of a mere contract, 
but are a statutory means of drawing the public money out of the hands 
of the legal custodian of the funds of the district. 77 The power to bor- 

!Maynard v. Woodward, 36 Mich., 423. 

2 Stockdale v. Wayland School District, 47 Mich., 226. See, also, Greenbanks v. 
Bout well, 43 Vt., 215. 

3 Whitney v. Stow, 111 Mass., 368. 

< Sheffield School Township v. Andress, 56 Ind., 157. See Merrill v. Town of Monti- 
cello, 14 Fed. Rep., 628. 

5 Johnson School Township v. Citizens' Bank, 81 Ind., 515. 

6 National Bank of Mt. Pleasant v. Ind. District, Marshall, 39 Iowa, 490; Qhioexrel. 
Steinbeck v. Treasurer of Liberty Township, 22 Ohio St., 144. 

7 First National Bank of Northumberland v. Rush School District, 81* Pa. St., 307, 
310. 

187 



30 CIRCULARS OF INFORMATION FOR 1883. 

TOW money, given expressly and without direction or restraint as to the 
mode of doing it, implies everything necessary to make that power 
effectual or requisite to attain the end in view, and authorizes the issuing 
and sale of school district bonds. 1 In another similar case in Nebraska 
the court said : 2 "The power to borrow necessarily implies authority to 
determine the time of payment and the character of the evidence of in- 
debtedness that will be issued, whether in the form of notes or bonds 
payable in the future. The fact that the bonds were sold on the market, 
instead of being given to the person furnishing the money, does not make 
them illegal. The object of the law was to enable school districts to raise 
means to build school-houses therein. This being the object it was to 
be attained in the best practicable method. These districts, many of them 
on the frontier, with but little taxable property therein and no capital 
to be invested in loans, would have been unable for years to have 
effected a loan unless they had pursued the course adopted in this case, 
namely, issued their bonds." Bonds issued to facilitate the erection of 
a school-house are not invalidated by the facts that the site for it is un- 
desirable and that their issuance was refused at a meeting held shortly 
before the one at which they were voted. 3 

11. District meetings. District meetings should be held after due 
notire and conducted according to legal forms. 4 The notice of a school 
meeting should be exact and explicit, and broad enough in its terms to 
include the business actually done. 5 Special meetings must be called 
by the proper officers regularly convened ; 6 the notice of an annual meet- 
ing may be given by two of three directors. 7 When the date of the meet- 
ing is prescribed by statute, all are bound to take notice of it, and it 
need not be specified in the warning. 8 If the hour of meeting is fixed 
by statute, a meeting called later in the day is illegal. Trustees have 
no power to order an election at another time than that authorized by 

1 State v. School District 24 of Adams Co., 13 Nebr., 78. 
* State v. School District 4, 13 Nebr., 82, 86. 

3 Taylor r. Brownfield, 41 Iowa, 2G4. 

4 In some States much of the business of school districts is directly voted upon by 
the electors; in others it is conducted by trustees, directors, or other officers. Tha 
meetings, of the electors are considered here ; those of officers are treated of in 32, 
pott. The formalities of school meetings are determined by statute and vary greatly 
in different States. Consequently, few decisions have extra-State application. 

See Wiley v. Wilson, 44 Vt., 404; State v. Hurff, 38 N. J. L., 312. 

6 State v. School Trustees, 43 N. J. L., 358. 

'Holland v. Davies, 36 Ark., 446. Apparently a more formal notice is required for 
a special than for an annual meeting. The customary regulations respectingthe calling 
of a special meeting are given by Judge Cooley, in his work on Taxation, page 246 : 
''That the meeting shall be called by the officers of the municipality either on their 
own motion or on the application of a certain number of the voters or freeholders ; 
that it shall be notified either by a warning delivered or its contents stated to the 
several voters, or by notice published or posted in a manner particularly indicated by 
the statute; and that the subjects to be considered at the meeting shall be specified 
in the warning or notice." 

8 Hodgkin r. Fry, 33 Ark,, 716. 
18S 



RECENT SCHOOL LAW DECISIONS. 31 

law. 1 A question as to whether a notice was given in due time may be 
settled by parol evidence, there being no date upon the notice. 2 In 
New Hampshire a meeting cannot act excepting on articles distinctly 
stated in the warrant. 3 In New Jersey a greater sum of money cannot 
be raised than is designated in the warrant. 4 A mere irregularity in 
conducting a meeting will not authorize judicial interference with its 
proceedings. 5 Strict proof of the regularity of proceedings authoriz- 
ing money to be collected cannot be required of a district by a defend- 
ant who has wrongfully received a portion of it. 6 It is no objection to 
an appropriation for a specified object that it was made at a special 
meeting duly called, after the same appropriation had been refused at 
the annual meeting. 7 Bonds issued in accordance with proceedings at 
a meeting held surreptitiously and without notice are void in the hands 
of even an innocent purchaser. 8 The best evidence of business trans- 
acted at a school meeting is its records, and a court may reject oral 
evidence when the records of proceedings are furnished. 9 

12. Liabilities of districts ex contractu. A debt of a common school 
district, legally created by an existing directory or board of education, 
will, in the absence of any legislative intent to the contrary, continue 
binding on the district and enforceable against a subsequent set of offi- 
cers, although the legislature may have repeatedly changed the organi- 
zation of the directory or board by repealing old laws and enacting new 
ones, the district itself continuing to occupy the same territorial limits. 10 
Where one corporation goes entirely out of existence by being annexed 
to or merged in another, as when a consolidation of districts occurs, the 
new corporation will be entitled to the property and will be subject 

district Township of Hesper v. Independent District of Burr Oak, 34 Iowa, 306. 

2 Bealey v. Dickinson, 48 Vt., 599. 

3 Holbrook v. Faulkner, 55 N. H., 311. 

4 See State v. Palmer, 39 N. J. L., 250. 

6 Trustees Common Schools of Dist. 88 v. Garvey; reported by State superintendent 
to Bureau of Education. Judge McCrary, in his work on Elections, says : " The 
principle is that irregularities which do not tend to aftect results are not to defeat the 
will of the majority ; the will of the majority is to be respected even when irregularly 
expressed." (Sec. 127.) Cooley on Taxation, p. 249, says : " Informalities are to be 
overlooked and disregarded if the substantial requisites of a vote appear." See $ 36, 
post. 

6 School Dist. 9 v. School Dist. 5 of Midland, 40 Mich., 551. 

7 State v. Lewis, 35 N. J. L., 377. 

8 Stater. School District 9 of Nuckolls Co., 10 Nebr., 544. 

9 Monaghan v. School Dist. 1 of Randall, 38 Wis., 101; Eddy v. Wilson, 43 Vt., 363. 
"A distinction has sometimes been drawn between evidence to contradict facts stated 
on the record and evidence to show facts omitted to be stated upon the record. Parol 
evidence of the latter kind is receivable, unless the law expressly and imperatively 
requires all matters to appear of record and makes the record the only evidence." 
1 Dillon's Municipal Corporations, sec. 300. 

10 Shankland v. Phillips, 3 Tenn. Chancery, 556. See Danuat v. Mayor N. Y. City, 6 
Hun (N. Y.), 88, and Simmons v. Holmes, 49 Miss., 134. 

189 

i 



32 CIRCULARS OF INFORMATION FOR 1883. 

to the liabilities of the former corporation. 1 " Equity and justice," 
said Dalrimple, J., " require that the consolidated district shall dis- 
charge the liabilities of the several districts which it absorbed and of 
which it is now composed." Similarly, where a city or village school 
system supersedes a district, it acquires its property and is burdened 
with its liabilities. 2 In a case involving this question, the court 
said : 3 " Where one corporation goes entirely out of existence by being 
annexed to or merged in another corporation, if no arrangements are 
made respecting the property and liabilities of the corporation that 
ceases to exist, the subsisting corporation will be entitled to all the prop- 
erty and answerable for all the liabilities." The law on this subject 
has been stated in Illinois substantially as follows, in a case arising out 
of the redistricting of a township: It was not within the power of the 
township trustees, by any action in the reorganization of the township, 
to impair the obligation of the directors of an old district to pay a 
teacher the compensation to which she was entitled under a contract 
they had made with her for services in behalf of the district. If the in- 
debtedness from the old district had been apportioned among and laid 
upon the new organizations, thus securing its payment, the law would 
accept the substituted mode and the old district would be discharged ; 
but, that not having been done, it remains bound, and for all purposes 
of aremedy will still be deemed to exist. 4 If a school districtis parcelled 
out among existing districts, the latter are liable for a debt of the former 
district, and the obligation is not joint but several. 5 In an Iowa case a 
township was organized into independent districts after it had incurred 
a liability, and it was held that recovery could be had of all the inde- 
pendent districts united, and they could determine between themselves 
the amount for which each should be responsible. 6 
An action will not lie against a school district on account of a claim 

1 Sproul v. Smith, 40 N. J. L., 314. It is otherwise in New Hampshire. See Gen. 
Laws, 1878, Chap. 86, sec. 28, and Clark w. Nichols, 52 N. H., 298. 

3 Thompson v. Abbott, 61 Mo., 176; Strond v. Stevens' Point, 37 Wis., 367; School 
Committee of Providence v. Kesler, 67 N. C., 443. 

3 Thompson v. Abbott, 61 Mo., 177. 

4 Rogers v. People, 68 111., 154, 156. 

5 Halbert v. School Districts, Watertown, 36 Mich., 421. This case came nnder a 
State statute, bnt the principle contained in the first proposition stated has been 
affirmed recently (1879) by the United States Supreme Court, as follows : " In such a 
case [the annexing of portions of a defunct municipal corporation to existing ones], 
if no legislative arrangements are made, the effect of the annulment and annexation 
will be that the two enlarged corporations will be entitled to all the public property 
and immunities of the one that ceases to exist, and that they will become liable for 
all the legal debts contracted by her prior to the time when the annexation is carried 
into operation." Three justices dissented on the ground that it requires legislation to 
make a legal obligation against the enlarged municipalities and to apportion the debts. 
Mount Pleasant v. Beckwith, 100 U. S., 528, 535. 

9 Knoxville National Bank v. Independent District of Washington, 40 Iowa, 612. See, 
also, District Township of Knoxville v. Independent Districts, 36 Iowa, 420, and 
Stevenson v. Township of Summit, 35 Iowa, 462. 
190 



RECENT SCHOOL LAW DECISIONS. 33 

which has not been presented for allowance to the proper officer of the 
district. 1 

13. Liabilities of districts ex delicto. A school district or a city is not 
liable for personal injuries sustained on account of the negligent con- 
struction of its school-houses or negligence in keeping them in repair. 2 

A noteworthy case has recently been decided in Pennsylvania : 

A school district employed a contractor to make certain repairs to the 
school-house. It was expressly agreed that he should not enter upon the 
work until the school was dismissed for the season. By permission of the 
supervising architect, the work was commenced earlier. The supports of 
the first floor were weakened by excavating around them, so that an iron 
column in the school room above became loosened and falling over in- 
jured a child. Suit was brought against the district to recover damages 
for the injury. The court decided that although the board of directors 
took no measures to prevent the excavation which caused the damage, 
and of which some of them were aware, the persons who caused the 
injury were liable and not the school district. Trunkey, J., in giving 
the opinion, said : 3 

u School districts are corporations of a lower grade and less power 
than a city, have less the characteristics of private corporations and 
more of a mere agent of the State. They are territorial divisions for the 
purposes of the common school laws, and their officers have no power 
except by express statutory grant and necessary implication, and these 
are for the establishment and maintenance of the public schools. The 
common school system partakes much of the nature of a public charity, 
extends over the whole State, is sustained by the public moneys, and the 
directors, who devote much time and labor for the public benefit, receive 
110 compensation for their services. Unless exempted by the act of incor- 
poration or by law, a private corporation is liable for the wrongful acts 
and neglects of its officers, done in the course and within the scope of 

1 Stackpole v. School District No. 5, 9 Oreg., 508. 

2 Lane v. District Township of Woodbury, 58 Iowa, 462 ; Hill v. City of Boston, 122 
Mass., 344. In the latter case Gray, C. J., ably reviews the law of the liability of 
municipal and quasi- corporations for neglect of corporate duty. "The school district 
or the road district is-usually invested, by general enactments operating throughout 
the State, with a corporate character, the better to perform within and for the locality 
its special function, which is indicated by its name. It is but an instrumentality of 
the State, and the State incorporates it that it may the more effectually discharge its ap- 
pointed duty. * * * The bodies above named rank low down in the scale or grade 
of corporate existence, and hence have been frequently called quasi-corporatious. 

* * Many of the courts kave drawn a marked line of distinction between munici- 
pal corporations and quasi-corporations in respect to their liability to persons injured 
by their neglect of duty, holding the former liable, without an express statute giving 
the action, in cases in which the latter are not considered liable unless made so by 
express legislative enactment." 1 Dillon's Municipal Corporations, sees. 25, 26. In 
the recent case of Wixom v. City of Newport (13 E. I., 454 ; 43 Am. Rep., 35) it was 
was held that the city was not liable for an injury caused by a<defectin the heating 
apparatus in a public school. 

3 School District of City of Erie r. Fuess, 98 Pa. St., 600. See $ 37, post. 

3 5032 



34 CIRCULARS OF INFORMATION FOR 1883. 

their employment, the same as a natural person is for the acts and neg- 
lects of his servant or agent. A less stringent rule applies to public 
corporations, and least stringent of all should be applied to school dis- 
tricts, whose officers have limited and defined powers in a system ex- 
clusively for the free education of the children in the commonwealth." 

CHAPTER III. TAXATION. 

14. Subjects of taxation. School districts levy taxes by direction of 
the legislature and for school purposes only. 1 They are to be levied on 
districts as they exist at the time of the levy, rather than as they were 
when the tax was voted. 2 A legal tax may be levied on a person or prop- 
erty coming into a district after the tax has been voted. 3 In New Hamp- 
shire the court said : "So far as regards the equity of the thing there is 
no substantial difference between this case and the case of one annexed 
against his will to a school district which is already owing debts con- 
tracted before the annexation, and, that this may be done, I suppose no 
one doubts." Where a farm situated in an adjoining town had been 
annexed to a school district in a city and subsequently the city had been 
constituted one school district, it was decided that the city, as existing 
for school purposes at the time it became a single district, constituted 
that district, and that the farm belonged to it for purposes of taxation 
for the support of schools. 4 

15. Purposes of taxation. School districts can tax for corporate pur- 
poses only, 5 i. e.j "such as have a legitimate connection with their 
objects and a manifest relation thereto." 6 Under this class come the 
erection of buildings, even though more extensive than immediately 
necessary; 7 the erection of an alleged unnecessary school-house; 8 the 
maintenance of a high school ; 9 and the instruction of pupils in other 
languages than the English. 10 

School districts have no right to raise money to build a school-house 
upon a lot other than that legally designated. 11 Trustees cannot levy a 
tax for railroad purposes. 12 

I "In the absence of special constitutional restriction, the legislature may confer the 
taxing power upon municipalities in such measure as it may deem expedient; in other 
words, with such limitations as it sees fit, as to the rate of taxation, the purposes for 
which it is authorized, and the objects (that is, the property) which shall be sub- 
jected to taxation." 2 Dillon's Municipal Corporations, sec. 740. See $ 3, ante. 

2 School District 9 v. School District 6, Hamilton Co., 9 Nebr., 331. 
3 Fifield v. Swett, 56 N. H., 432, 435. 

4 Pickering v. Coleman, 53 N. H., 424. 

5 Board of Trustees v. People ex rel. T., W. & W. Railway Company, 63 111., 299. 

6 People v. Dupuyt, 71 111., 651, 656. 

7 Greenbauks v. Bout well, 43 Vt., 207. 
8 Power's petition, 52 Mo., 218. 

9 Stuart v. Dist. 1 of Kalamazoo, 30 Mich., 69; Richards v. Raymond, 92 111., 612 
10 Powell v. Board of Education, 97 111., 375; s. c., 37 Am. Rep., 123. 

II Marble v. McKenney, 60 Me., 332. 
J3 People v. Dupuyt, 71 111., 651, 656. 



RECENT SCHOOL LAW DECISIONS. 35 

In !N"ew Jersey the purposes for which money is to be raised by taxa- 
tion must be declared by the voters in school meeting. Unless the exact 
objects are specified and the sum to be devoted to each is determined, 
the tax is void. 1 

A tax levied by the school trustees of a town or city for school pur- 
poses is not a tax for " general city or town purposes." 2 

16. Powers of taxation. When discretionary power of taxation has 
been vested in a board of school directors or supervisors and has been 
exercised for the year, the power is exhausted for the year in which the 
levy is made j and neither the officers levying the tax nor their succes- 
sors can levy a different school tax for that year f yet, if that power 
has not been used to the full extent, courts might allow a supplementary 
tax for a special purpose to be raised. 4 In Illinois the directors of school 
districts, under some circumstances, may levy a special tax without a 
vote of the people. 5 Where they built a school-house without a vote 
from the district, the levying a tax, accepting the building, and having 
a school taught therein did not legalize the act nor bind the people to 
pay the tax. 6 When county authorities are empowered to levy such a 
tax, not to exceed a certain amount, as may be determined by the qual- 
ified electors of the several school districts, they cannot forestall the 
action of the electors by assessing a school tax. 7 Authority to levy a 
tax on property does not authorize the levy of a poll tax. 8 Where it is 
the duty of one officer to direct another to levy a tax, any written com- 
munication is sufficient. 9 

17. Collection of taxes. The illegal formation of a district will 
afford no ground for resisting the collection of taxes levied by its direc- 
tors, they being de facto officers. 10 Nor can such resistance be offered 
on the ground that the title to the land purchased as a site for the 
school building for whose erection the tax was levied is defective, so 
long as the possession remains undisturbed. 11 Although a school tax 
is invalid if the notices of election fail to specify the questions to be 
voted on, its validity caunot be questioned by one who participates in 
the election and seconded the motion to raise the money. 12 Personal 
chattels outside of the district to which a tax is due should not be dis- 

1 State v. Greenleaf, 34 N. J. L., 441; State v. Sullivan, 36 N. J. L., 89; State v. 
Duryea, 40 N. J. L., 206. 

3 South Beud v. University of Notre Dame du Lac, 69 Ind., 344. 

3 Oliver v. Carsner, 39 Texas, 396. 

4 Furniture Company v. Harvey, 45 Iowa, 466. 
6 Pennington v, Coe, 57 111., 118. 

6 School Directors v. Fogleman, 76 111., 189. 

7 Cairo and Fulton E. R. Co. v. Parks, 32 Ark., 131 ; Murphy v. Harbison, 29 Ark., 
340. 

8 Board of School Commissioners of Indianapolis v. Magner, 84 Ind., 67. 

9 Dent v. Bryce, 16 S. C., 1. 

10 Trumbov. People, 75 111., 561. 

11 People v. Sisson, 98 111., 335. 
13 Thacher r. People, 98 111., 632. 

193 



36 CIRCULARS OF INFORMATION FOR 1883. 

trained for school taxes, even though the district seeking to distrain 
included, when the tax was levied, the territory within which the chat- 
tels are found. A tax levied is not a lien upon personal property. 1 It 
is well settled in many States that money paid by compulsion on account 
of a void tax may be recovered in an action against the municipality 
receiving it. It is equally well settled that if a person voluntarily pays 
a void tax, with knowledge of the facts which render it void, he cannot 
recover back the money thus paid. 2 

18. Exemption of school property from taxation, Statutes and con- 
stitutional provisions for the exemption from taxation of property used 
for educational purposes are strictly construed, 3 and are sometimes de- 
clared to be directions not to tax rather than grants of a right not to 
be taxed. 4 Where the constitution of a State exempted property used 
exclusively for educational purposes, it was held that neither land owned 
by a college with the intention that it should become in future a per- 
manent site, 5 nor a farm used by the owners of a school for supplying 
produce and illustrating instruction in agriculture, 6 was exempt. In 
the latter case the court said : 

u If a farm be used for the purpose of raising produce to sell and get 
money to carry on a school, it will not be exempt. The use for educa- 
tional purposes is in such a case too remote. The immediate or primary 
object for cultivating the farm in such a case is to obtain the produce, the 
secondary object is to obtain the money that the produce will bring, and 
the remote object is to aid and foster the school." The property affected 
by a clause exempting all deemed necessary for school purposes is much 
more extensive. 7 In an opinion in the United States Supreme Court, 
Mr. Justice Miller said : 8 "The distinction is, we think, very broad be- 
tween property contributing to the purposes of a school, made to aid in 
the education of persons in that school, and that which is directly or 
immediately subjected to use in the school. The purposes of the school 
and the school are not identical. The purpose of a college or university 
is to give youth an education. The money which comes from the sale 
or rent of land dedicated to that object aids this purpose. Land so held 
and leased is held for school purposes in the fullest and clearest sense." 
It has been decided that a professor's house, owned by a college, is in- 
cluded in an exemption of the grounds and buildings of literary institu- 

1 McKay v. Batchellor, 2 Colo., 591. "Municipal power to collect by distress and 
sale cannot be implied because the State collects its taxes in this manner. It must 
be given, if not in express terms, yet by the clearest and most indubitable implica- 
tion." 2 Dillon's Municipal Corporations, sec. 818. 

8 Powell v. Board of Supervisors of St. Croix County, 46 Wis,, 210, 213. 

3 South Bend v. University of Notre Daine du Lac, 69 Ind., 344, and nearly all 
cases cited in this section. 

*Probasco v. Moundville, 11 W. Va., 501. 

6 Washburn College v. Commissioners of Shawnee County, 8 Eans., 344. 

6 St. Mary's College v. Growl, 10 Kans., 442, 450. 

7 Chicago v. People, 80 111., 384, 387. 

University v. People, 99 U. S., 309, 324. 
194 



RECENT SCHOOL LAW DECISIONS. 37 

tions " devoted solely to the appropriate objects of these institutions." 
The reasons assigned for the decision were that the house was erected 
with money of the college that might otherwise have been exempt, that 
it was used to sustain the college, that it was for an object peculiarly 
fitting and appropriate, and that it was not leased or otherwise used 
with a view to pecuniary profit. Two judges dissented on the ground 
that the house was owned and used for the purpose and object of re- 
ducing salary expenses, and consequently for a pecuniary profit. 1 

19. Same. Two cases involving the exemption of school property are 
mentioned in a recent number of a prominent law journal. 2 In one it 
was held that a building used partly as a dormitory and boarding house 
for students of an academy and partly as a public house is not exempt 
from taxation as land "for the use of the academy/ 7 the court saying 
that " the phrase i for the use of is not to be taken in the same sense 
as i for the profit of.'" 3 In the other case 4 a female seminary was orig- 
inally located upon a tract of eight acres of land, upon which were 
erected the buildings of the institution. Afterward the corporation ac- 
quired three other small tracts of land. All are included in the com- 
mon inclosure of the seminary grounds, with dividing fences within 
that common inclosure. The several tracts are used, a portion for walks 
and lawns for the exercise and benefit of the scholars, a part for garden- 
ing to supply the institution with vegetables, a part for an orchard to 
supply necessary fruit for the institution, a part for raising feed for 
stock, for pasturage, and for wood land, all for the exclusive use of the 
institution, and not "otherwise used with a view to profit." These lands 
were held exempt from taxation under the statute of exemption relating 
to property of institutions of learning. The court said : "The evidence 
further shows that all this property is necessary for the proper carrying 
on of the institution ; that said tracts of land are used exclusively for 
the purposes of the institution, and that no part of the same has been 
leased or otherwise used with a view to profit ; that it is necessary in 
connection with the institution to have cows to supply milk for the 
scholars and teachers, all of whom (numbering about 175 persons) reside 
and live within and upon the grounds of the institution ; that horses are 
required to do the necessary hauling connected with the seminary, and 
that all the hay, corn, and oats raised on the place go to the feeding of 
the stock thereon ; that nothing is ever sold off the premises, and that 
what is raised is but a partial supply for the institution ; that the ob- 
ject of the institution is, as far as possible, to make it a self-sustaining 
one, and that what is realized over and above actual expenses is used 
as a fund for the education of indigent females. We do not see why 
the facts of this case do not bring these lands within the very words of 



1 Trustees of Griswold College v. State. 46 Iowa, 275, 281, 283. 

3 Albany Law Journal, vol. 28, p. 205. 

'Trustees of Phillips Exeter Academy v. Exeter, 58 N. H., 306 ; 8. c., 42 Am. Rep., 589. 

4 Monticel1o Seminary v. People, 106 111., 398. 

195 



38 CIRCULARS OF INFORMATION FOR '1883. 

the exemption from taxation of the constitution and the legislation 
upon the subject. They form one connected body of land, upon which 
the seminary buildings are situated. They are not lands which are 
leased by the institution or otherwise used with a view to profit, but 
they are used strictly in the carrying on of this seminary of learning, 
and are used exclusively for that purpose." Chief Justice Scott dis- 
sented on the ground that land used as a farm was "used with a view 
to profit." 

20. Same. Schools established by private donations, and carried on 
for the benefit of the public and not with a view to profit, are " institu- 
tions of purely public charity " within the meaning of the provision of 
the Ohio constitution which authorizes such institutions to be exempt 
from taxation. 1 Such schools are not exempt as being "free public 
schools." 2 The term u school-houses and seminaries of learning" evi- 
dently includes the buildings and the lots upon which they stand. 3 How 
much is included in an exemption of lots whereon school buildings are 
erected was discussed at considerable length in New York a few years 
ago (1875). 4 An academy for ladies owned extensive grounds in the 
upper part of New York City and had its buildings near the centre of 
them, occupying about five acres. Eight acres were used as a vegetable- 
garden for the academy, one acre as a cemetery, and the residue, thirty- 
six acres, more or less, was for recreation and walking. It was decided 
that the property was exempt. The court said : 5 " The propriety of the 
exemption is precisely the same, whether it relates to the buildings them- 
selves and the lots on which they stand, or to the ground required to 
promote and secure the recreation and health of the pupils of the schools 
and those engaged in teaching and guarding them. A well ordered, 
prosperous school requires the one as much as it does the other. It 
would be very unwise and indiscreet to allow young persons to be con- 
fined in school buildings upon grounds affording no reasonable oppor- 
tunity for exercise or diversion." " The property claimed by the relator 
to be exempt from taxation was all shown to be a portion of the lots or 
parcel of ground on which its school buildings are situated. What they 



1 Gerke v. Purcell, 25 Ohio St., 229. 

e St. Joseph's Church v. Assessors, 12 R. I., 19. 

3 Warde v. Manchester, 56 N. H., 508; s. c., 22 Am. Rep.,r>04. "An exemption of 
all colleges, academies, or seminaries of learning extends to the houses and lots pro- 
vided by a college for the residences of president, professors, and steward as part of 
their compensation." Hilliard's " Law of Taxation," sec. 35. 

4 People ex rel. Academy of the Sacred Heart v. Commissioners of Taxes and Assess- 
ments of New York City, 6 Hun (N. Y.), 109. The statute under consideration provided 
that " The following property shall be exempt from taxation : * * * Every build- 
ing erected for the use of a college, incorporated academy, or other seminary of learn- 
ing, every building for public worship, every school-house, court-house, and jail, and 
the several lots whereon such buildings are situated, and the furniture belonging to 
each of them." Rev. Stat., 5th ed., vol. 1, p. 906. 

fi lbid., 112,114. Union College holds exempt 130 acres; Madison University, 140 
acres; Vassar College, 210 acres; and Cornell University, a still greater area. 
196 



RECENT SCHOOL LAW DECISIONS. 39 

do not occupy has been devoted to the promotion of the convenience of 
the occupants of the buildings, supplying their wants, and affording 
them the means of recreation, health, and exercise." 

21. Local assessment of school property. It has been frequently stated 
that school property, exempt from taxation, was nevertheless liable to 
local assessments for the construction of streets, sewers, and the like. 1 
A recent case in Connecticut has been decided to the contrary. Under 
the charter of the city of Hartford all land specially benefited by a city 
improvement was liable to be assessed for the expenses of such improve- 
ment. A school house and lot, used solely for school purposes, was as- 
sessed for a street improvement, and the court held that the benefit to the 
school district was too contingent and remote to render it liable to pay 
the assessment. 2 The court said : " The assessment was undoubtedly 
made upon the idea that the intrinsic value of the property was increased, 
but, if that were so as a matter of fact, does it follow that it was increased 
in value as school district property, bought and used solely for school 
purposes ? and did the district, or could it, from the nature of things, 
derive any immediate, direct, or special benefit from the lading out of 
the street ? We are unable to see how the district as a corporation could 
be so benefited, or that their property was rendered any more valuable 
for the purpose for which they use it, and for which they must continue 
to use it, if not for all time, at least for a very long period." 

The following statement of the exemption of school property from 
taxation appeared in the Eeport of the United States Commissioner of 
Education for 1880, pp. cclv-cclvii : 

The exemption of school property is either determined by the constitution of each 
State or else impliedly or expressly delegated by it to the legislative body. The 
States whose constitutions prescribe the rule of exemption are Arkansas, California, 
Kansas, Louisiana, Minnesota, Missouri, Ohio, and Pennsylvania. The property 
which is exempted is, in Pennsylvania, public property used for public purposes, 
which includes schools aided by the Commonwealth ; in Ohio, public school-houses, 
by which is meant "such as belong to the public and are designed for schools 
established and conducted under public authority." [Gerke v. Purcell, 25 Ohio 
St., 229, 240.] The term has been made to cover not only the houses themselves, 
but their furniture and the books properly belonging with them. In California 
property used exclusively for public schools is required to be exempted. In Mis- 
souri, lots in incorporated cities or towns, or within one mile of the limits of any 
sue h city or town, to the extent of one acre, and lots of one mile or more distant 
from such cities or towns, to the extent of five acres, with the buildings thereon, may 
be exempted from taxation when the same are used exclusively for religious worship, 
for schools, or for purposes purely charitable. In Minnesota, public school-houses, 

1 "It is no objection to an assessment for a local work that the property assessed is 
used for a purpose that will not be specially advanced by the improvemeut ; as, for 
instance, that it is * * * devoted to school or charitable purposes." Cooley on 
Taxation, p. 458. 

"A general statute exempting certain property * * * from ' taxation by any law 
of the State ' does not exempt it from liability for a street assessment." 2 Dillon's 
Municipal Corporations, sec. 777. 

2 City of Hartford v. West Middle District, 45 Conn., 462 ; s. c., 29 Am. Rep., 687. 

197 



40 CIRCULARS OF INFORMATION FOR 1883. 

academies, colleges, universities, and all seminaries of learning are exempted from 
taxation ; in Arkansas, school buildings and apparatus, libraries, and grounds used ex- 
clusively for school purposes ; and in Kansas and Louisiana, all property used exclu- 
sively for educational or school purposes. The constitution of Colorado exempts lots, 
with the buildings thereon, used exclusively for schools, "unless otherwise provided 
by general law," and that of South Carolina requires the general assembly to enact 
laws for the exemption of public schools, colleges, and institutions of learning, pro- 
vided the exemption shall not extend beyond the buildings and premises actually occu- 
pied. In the other States the exemption of school property is a matter for indepen- 
dent legislative action, though many constitutions give special permission to legisla- 
tures to exempt property of certain kinds or property used for specific purposes. 

The latest compilations of the statutes of the several States show substantially the 
laws regulating the exemption of school property as they now exist. There may have 
been a few changes, but it is not a subject upon which there has been much fluctuat- 
ing legislation. In Illinois, Maine, Maryland, Massachusetts, Mississippi, North Caro- 
lina, Oregon, South Carolina, and West Virginia, all school property, with some few 
limitations, has been exempted. In Maine and Maryland all the property of liter- 
jiry institutions is designated as exempt. In Illinois this broad exemption is limited 
by the provision that it shall not extend to real estate leased or otherwise used with 
a view to profit. In Massachusetts exemption of real estate does not extend beyond 
that occupied by the educational institutions and their officers for corporate purposes. 
In Mississippi it extends, not only to property used for the benefit and support of in- 
stitutions for the education of youth, but also to that held and occupied by the trust- 
ees of schools and school lands for the use of public schools. 

* * * * # # * 

The exemption of school property is almost as general in Iowa, Kentucky, Michigan, 
Minnesota, Nebraska, Nevada, New Jersey, New York, and Texas as in the States pre- 
viously mentioned. In all of them, buildings, grounds, and furniture are exempt so 
far as they are actually necessary for the use and enjoyment of the institutions owning 
them. Books or libraries are expressly included in the exempt property in all these 
States except Nevada, New Jersey, and New York ; and apparatus, equipments, or other 
general terms are used in all these States to designate personal property coniaionly 
found in schools, and which is usually exempted by direct words or by implication. 
The exemption of these kinds of property is on condition oftentimes that they be used 
for strictly educational purposes and be not in excess of specified amounts. The real 
estate exempted is limited to three acres in Nebraska and five acres in Kentucky and 
New Jersey. In Minnesota, Nevada, and New York it must be immediately connected 
with the buildings of the institution to which it belongs. In Connecticut, Georgia, 
New Hampshire, and Vermont it is known that the buildings of educational institu- 
tions are exempt, and it is to be presumed that the term " buildings" includes the 
lots upon which they are erected. In Florida and Indiana public school property is 
exempted. The laws in Rhode Island and Wisconsin have peculiar features which 
Avill best be understood by presenting them verbatim. The law of Rhode Island ex- 
empts "buildings for free public schools, buildings for religious worship, and the land 
upon which they stand and immediately surrounding the same to an extent not ex- 
ceeding one acre, so far as said buildings and land are occupied and used exclusively 
for religious or educational purposes ; the estates, persons, and families of the presi- 
dent and professors, for the time being, of Brown University, for not more than ten 
thousand dollars for each such officer, his estate, person, and family included." 

In Wisconsin exemption extends to "personal property owned by any religious^, 
scientific, literary, or benevolent association, used exclusively for the purposes of such 
association, and the real property, if not leased or not otherwise used for pecuniary 
profit, necessary for the location and convenience of the buildings of such association 
and embracing the same, not exceeding ten acres, and the lands reserved for grounds 
of a chartered college or university, not exceeding forty acres." 
198 



RECENT SCHOOL LAW DECISIONS. 41 

r 

CHAPTER IV. SCHOOL PROPERTY. 

22. School funds. The State is the owner of public school prop- 
erty and school funds ; and this is one reason why such property is 
exempt from taxation. 1 In the case of certain lands held in the name 
of the city of Chicago exclusively for the use of its public schools and 
derived mediately from public school lands, the court said : 2 "No act of 
the general assembly has ever granted the title to the school property 
and fund irrevocably to any body of persons. They have created cor- 
porate bodies to handle and control the fund for the use of the people, 
but that body has not parted with the power to control the fund in any 
mode they may choose for the use of schools. They could, if disposed, 
deprive those to whom its management is intrusted of the fund, and 
intrust it to others. Whilst the increase of the fund should be expended 
in the support of schools, the manner or the agency employed may be 
at all times controlled or changed by the State at pleasure. The State 
is virtually a trustee of the fund for the use of the people, and the mu- 
nicipalities and officers are but the agencies employed by the State 
in executing its trust." The general assembly has no power to abdicate 
its control over the school fund. 3 Such a fund must be applied to the 
exact purposes for which it was created and exists. 4 But although the 
State may not have the constitutional power to divert school moneys from 
the purposes for which they are set apart, she may change the adminis- 
trators of the funds, and, in her wisdom and discretion, direct the mode 
and manner of the administration of the trust, and how, by whom, 
and to whom the moneys are to be paid and applied. 5 If a fund is pro- 
vided by the constitution for free public schools it can only be ap- 
plied to such schools as are within the uniform school system required, 
are free from religious and sectarian control, and open to children of 
school age ; though this freedom of admission does not preclude the 
classification of the schools according to the ages, sex, race, or mental 
acquirements of the pupils. 6 In a case in Massachusetts, under a con- 
stitutional provision requiring moneys raised for the public schools to 
be applied only to those under the charge of the public authorities, it 
was denied that a town could appropriate moneys raised for public 
schools to the support of a school founded by a bequest, under which 
the charge of the school was vested in trustees who, though most of 
them elected by the town, must be connected with certain religious so- 
cieties. 7 A tax for building purposes cannot be used for ordinary ex- 

1 City of Chicago v. People, 80 111., 384. See Illinois Industrial University v. Super- 
visors of Champaign County, 76 111., 184, and 3, ante. 

2 City of Chicago v. People, 80 111., 385. 
\ Auditor v. Holland, 14 Bush (Ky.), 147. 

4 Wiley v. School Commissioners of Alleghany Co., 5FMd., 401. 

5 Mobile School Commissioners v, Putnam, 44 Ala., 506. 

6 Otken v. Lamkin, 56 Miss., 758. On race classification, see $ 44, post. 
7 Jenkins v. Andover, 103 Mass., 94. 

199 



42 CIRCULARS OF INFORMATION FOR 1683. 

j 

penses ; but the exemption of the surplus of the annual taxes from the 
payment of debts contracted for buildings would not seem a rule of law 
or justice, if payment would not prevent the schools from being kept open 
the required period in the subsequent year. 1 When real estate is con- 
veyed to school trustees for school purposes, and this is so expressed in 
the deed, the land itself must be so used ; the directors and trustees have 
no right to sell the land and apply the proceeds to school purposes, but 
they may rent it or use it as a school site. 2 If the power of loan of 
school funds is regulated, the lending of them on other securities than 
those mentioned and prescribed is a misapplication, but does not discharge 
the borrower. 3 Such funds in the hands of a^county treasurer are not 
secured by his general bond, but only by his distinct bond for their pay- 
ment, this being not cumulative to his general bond, but separate from it. 4 

23. Same. A school district can take by will. 5 Money bequeathed 
to a township goes to the territory which was included in the specified 
township at the time of the execution of the will. 6 

There was a bequest in New York City to the board of trustees of 
each of the several wards as they might exist at the time of the final 
distribution of the estate, and in construing the clause the court said : 7 
4 <Ido not think the provision can be extended to embrace schools in 
wards created in territory annexed to the city limits since the testator's 
death. Whilst he did contemplate that by increase of population old 
wards might be divided and in this way new ones created, he did not 
provide for schools in territory to be after acquired." 

A due proportion of all moneys intended for the education of the 
children that resided in an original district ought to be given by it to a 
new one formed partly out of its territory prior to its reception of the 
moneys, although the new district was not organized until afterward. 3 
Where territory is set into an adjoining county or township, or attached 
to an independent school district in an adjoining county or township, 
for school purposes, or is restored from an independent district to the 
district township to which it geographically belongs, there must be an 
equitable apportionment of all the assets and liabilities. 9 If money 
is willed to a village to build a suitable structure for a high school, 
without further direction as to its maintenance and without endowment, 
the village may build the house, use it temporarily for graded school 
purposes, and delay for a reasonable time the organization of a higher 

1 German Township School District v. Sangston, 74 Pa. St., 454. 

2 Trustees, &c., of Morgan County v. Braner, 71 111., 546. 

3 Littleworth v. Davis, 50 Miss., 403. 

4 State v. Young, 23 Minn., 551; State v. Johnson, 55 Mo., 80. 

5 Estate of Bulmer, 59 Cal., 131. 

Board of Education v. Ladd, 26 Ohio St., 210. 
7 Bettsr. Betts, 4 Abbott's New Cases (N. Y.), 412. 
8 Johnson v. Smith, 64 Ind., 275. 

9 Albin0. Directors of Independent District of West Branch, 58 Iowa, 77. See $ 5, 
ante. 

200 



RECENT SCHOOL LAW DECISIONS. 43 

department. 1 Fines imposed by municipal ordinance are not included 
in those accruing to the State, such as in some States are added to the 
school fund. 2 

24. Sites and buildings. A public school-house is a building belong- 
ing to the public and designed for schools established and conducted 
under public authority. 3 A district contracting for the erection of a 
house within a stated time is bound to furnish a suitable site within 
such reasonable time that the contractors may not be delayed in the 
performance of their agreement. 4 A site may be obtained by condemna- 
tion. 5 While the law was silent on the subject of obtaining sites other- 
wise than by purchase, certain counties of Pennsylvania successfully 
tried compulsory condemnation ; then the State passed a law allowing 
it, and the law was pronounced constitutional. 6 The court said: u The 
common school system pervades the whole Commonwealth and is its 
creature, acting in the several school districts by its boards of directors 
or controllers, who are simply the agents of the State in carrying out the 
wise, benevolent, and foresighted policy of the government. Every man, 
woman, and child in a republic should be able to read and write, and 
this is the object aimed at by the common school law. School-houses 
are an essential part of the system, and the compulsory power is as 
necessary to it as the taking of land for a public highway." In a case 
in Maine the court assumed that land might be taken under the right 
of eminent domain, against consent, and the compensation therefor fixed 
by others, without the participation of the owner, under a statutory 
clause authorizing school districts " to determine where their school- 
houses shall be located." 7 Proceedings to condemn are invalid where 
.there has been no legal determination of the site. 8 A petition asking 
the condemnation of a site should designate the same and show dis- 
agreement with the owner as to compensation. When the owner of a 
proposed site is represented at the proceedings to eoudemn it, he is 
deemed to waive objections to jurors if he does not challenge them at 
the time. 9 If a lot is taken illegally, no allowance will be made for im- 
provements put upon it. 10 The fact tho.t a lot has already been im- 

1 Hathaway v. New Baltimore and Lake School District, 48 Mich., 257. 

3 Commissioners r. Raleigh, 88 N. C., 120. 

5 Gerke v. Purcell, 25 Ohio St., 229. 

4 Todd v. School District 1 of Greenwood, 40 Mich., 294; Township Board of Educa- 
tion v. Hackman, 48 Mo., 243. 

" " Land may be appropriated for the erection of a school-house and for a school 
yatd. The use proposed is not local and limited, but public. Schools ar-e a public 
necessity, and aa taxation for schools is supported the exercise of eminent domain is 
equally justified in providing suitable locations." Mills on Eminent Domain, 17. 

Long v. Fuller, 68 Pa. St. , 170, 172. 

' N T orton v. Perry, 65 Me., 103. 

8 Heck v. Essex School District, 49 Mich., 551. 

; ' Smith v. School District 2 of Milton, 40 Mich., 143. 

IO Spalding v. Chelmsford, 117 Mass., 393. 



44 CIRCULARS OF INFORMATION FOR 1583. 

proved does not prevent its condemnation. 1 If a location is void by 
reason of insufficient and defective description of premises taken, pro- 
ceedings must be begun anew in order to make a valid location. 2 If a 
site is purchased the deed of conveyance must be without any defeat- 
ing condition, such as that the land shall revert to the grantor on a 
change in the school system. Such a limitation is inconsistent with the 
objects of the grant and must be rejected as surplusage. 3 

In New York it was held that a deed made and received by a school 
district trustee on the express condition il that the title and estate of the 
grantee [trustee] and his successor in the said premises should cease 
when the said use [as a public school site] should cease, and should 
thereupon be vested in the grantor, his heirs, and assigns j the district 
to build the fence and keep it in repair," was such a conveyance as a 
school district might accept, and that the last clause imposed on the 
district an obligation differing only in extent from that which the law 
imposes with regard to division fences, which the district might enter 
into before voting a tax for building or repairing the fence. 4 

25. Same. A school-house erected on the land of a private citizen 
by his oral consent will be considered personal property. 5 In the case 
referred to, the court said : "Although it is a general principle of law 
that a building permanently annexed to the freehold becomes a part 
of it and is real estate, yet if it is erected by the builder with his own 
money, and for his own exclusive use, as disconnected from the use of 
the land, and with an agreement to that effect between the owner of the 
land and the builder, it will, as between the parties, be considered per- 
sonal property." A committee of a board of school directors appointed 
to get up plans for a new school building from some architect and sub- 
mit the same for approval, has authority to contract with an architect* 
for plans and specifications as well as a preliminary sketch. 6 Before a 
building can be paid for, in Nebraska, at least, the district must^not 
only raise the money, but distinctly authorize its expenditure. 7 Scfiool- 
houses and sites are "assets" within the meaning of a statute provid- 
ing for an equitable division of assets in case of the division of dis- 
tricts. 8 

26. Use of buildings. A public school-house is to be used for public 
school purposes. 9 A lease of one continuing during a specified time and 
based on a valuable consideration by a board of education vested with 

1 Ferree v. School District, 76 Pa. St., 376. 

9 Norton v. Perry, 65 Me., 183. 

3 School Committee of Providence v. Kesler, 67 N. C., 443,447. 

< Albright v. Riker, 22 Hun (N. Y.), 367. 

6 District Township of Corwin v. Morehead, 43 Iowa, 466, 468. 
^chool District of McKeesport v. Miller, 1 Pa. Sup. Ct.,510. 

7 School District of Dickson County v. Stougb, 4 Nebr., 357. 
Williams v. District Township of Jackson, 36 Iowa, 216. 

9 Spencer v. School District, 15 Kans., 259. Statutes allow some other uses iu sev- 
eral States. 
202 



RECENT SCHOOL LAW DECISIONS. 45 

the property of a district in trust for the use of public schools, for the 
purpose of having a private or select school taught therein, is in viola- 
tion of trust. 1 Charter authority to a village council, as a board of edu- 
cation, to purchase grounds, erect buildings, borrow money to establish a 
school of a high grade, and levy taxes for the erection and support of 
the same, does not authorize the conveyance or leasing of the buildings 
when completed, without pay or rent, to an individual or private cor- 
poration, for the purpose of having a school taught therein for pay. 
The school contemplated by such a charter is one free to all children of 
suitable age and advancement residing in the district, and anything 
else is a perversion of the property from its intended uses. 2 But if a 
town is specially empowered to own and use a school-house for educa- 
tional purposes, it may open a free public school, or rent the premises to 
private parties, 3 or procure an interest in existing schools, 4 as may seem 
best to provide for the educational wants of the public. In the case last 
cited a town purchased a controlling interest in two established schools. 
In deciding that it had a right to do so, the court, not relying on a 
statute, and simply referring to the article of the constitution requiring 
the maintenance of a thorough system of general education, said: 5 "No 
student of the history of this country from the earliest settlement to 
the present day can fail to see that, to furnish facilities for the educa- 
tion of the people, it has not only been the constant practice of both the 
State and the corporate [municipal] organizations to engage in projects 
for the advancement of education, but that this has been a favorite and 
preferred object ; and it seems to us that more permanent good has 
come to the country from this application of municipal funds than from 
any other use of such funds." " The trustees in this case undertook to 
keep up the school. No profit accrues to them. The house is the neces- 
sary thing ; the public may well furnish that, leaving the school to support 
itself." The use of a school building for the purposes of a Sunday school 
has been disapproved in Missouri, on the grounds that the school law 
does not justify or authorize it and that "if the precedent be estab- 
lished it may lead to great abuses and disagreeable altercations be- 
tween different religious denominations, which it is the purpose of our 
common school to avoid." 6 Such a use has been allowed in Iowa 
under a clause in a statute authorizing the electors to direct the dispo- 
sition to be made of the school-house ; 7 and the use of the school-house 
for Sabbath school and religious services is not affected by a clause in 
the constitution exempting all persons from paying taxes for building 

1 Weir v. Day, 35 Ohio St., 143. 

3 Sherlock v. Wiunetka, 68 111., 530. 

^Fleisliell & Kimsey v. Hightower, 62 Ga., 324, 

6 Daniolly r. Cabaniss, 52 Ga., 211. 

* Ibid., 222. 

6 Dorton v. Hearne, 67 Mo., 301. 

7 Townsend v. Hagan, 35 Iowa, 194. 

203 



46 CIRCULARS OF INFORMATION FOR 1883. 

or repairing places of worship. The use for the purposes named does 
not convert the school-house into a building for worship within the 
meaning of the constitution, since it is only temporary, occasional, and 
enjoyed only by permission. 1 In Illinois it has been decided that the 
temporary use of a school-house for religious worship is not repugnant 
to clauses in the constitution forbidding the use of public funds for 
sectarian purposes and requiring school moneys to be faithfully applied 
to school purposes. 2 "Beligion and religious worship," said the court, 
a are not so placed under the ban of the constitution that they may not 
be allowed to become the recipients of any incidental benefit whatsoever 
from the public bodies or authorities of the State." 

27. Insurance, repair, and furnishing' of school-houses. A provision 
that a school officer shall have the control and management of the school- 
house does not empower him to bind the district by a contract of insur- 
ance, 3 nor to purchase lightning rods. 4 A district can obtain the in- 
surance on a school-house burned, although it had been nominally sold 
on credit by officers authorized to sell, because such sale on credit was 
void without ratification by the district. 5 If a house be burned tne in- 
surance money cannot be obtained by the creditors by garnishment; 6 
for the property of a school district cannot be garnished, 7 nor subjected 
to a mechanics' lien. 8 Neither a stereoscope with views 9 nor charts con- 
taining the multiplication tables, forms for business contracts, and promi- 
nent historical events, 10 are "necessary appendages " to a school-house. 
A board authorized to purchase school apparatus may buy an organ for 
a school in which music is taught as a recognized branch of education. 11 

1 Davis v. Boget, 50 Iowa, 11. 

2 Nichols v. School Directors, 93 111., 61 ; s. c., 34 Am. Rep., 160. 

3 American Insurance Company v. District Townships Willow and Grand Meadow, 
65 Iowa, 606. 

4 Monticello Bank v. District Township of Coffin's Grove, 51 Iowa, 350 ; Wolf & Son 
v. Ind. District, 51 Iowa, 432. 

5 School District v. ^Etna Insurance Company, 62 Me., 330. 
Tleishell & Kimsey v. Hightower,62 Ga., 324. 

7 See $ 6, ante. 

8 State of Missouri v. Ticdemann, 3 McCrary, U. S. Cir. Ct.,399; Whitney & Keemer 
r. Story County, 54 Iowa, 81 ; Abercrombie v. Ely, 60 Mo., 23. 

9 Bourbon County, &c., v. Perkins, 21 Kana., 536; 8. c., 30 Am. Rep., 447. 

10 Gibson v. School District 5 of Vevay, 36 Mich., 404. A mathematical chart may 
come within the description of "school apparatus and appendages." The court said: 
"Now it is certain that all kinds of school apparatus are not included among the 
articles properly denominated ' appendages ; ' for instance, we would think that black- 
boards, outline maps, and mathematical charts, to be hung upon the walls of the 
school-house and to remain there permanently for the purpose of illustrating such 
lessons in science, history, or geography as might be taught in the schools, might 
properly be denominated both ' school apparatus y and ' appendages.' A mathematical 
chart might be hung upon the walls of the school-house and become an appendage ; 
and it might also be used for the purpose of illustrating the science of mathematics, 
and thereby become a part of the apparatus used by the school." School District v. 
Swayze, 29 Kans., 211; Al. L. J. 28, p. 424. 

11 Bellineyer v. Independent District of Marshalltown, 44 Iowa, 564. 
204 



RECENT SCHOOL LAW DECISIONS. 47 

Seats may be bought under a resolution directing a board to " fix the 
school-house ready for the winter term." 1 The mere fact that seats, 
maps, globes, &c., have been used by the district does not ratify an 
illegal purchase and bind the district for payment. 2 A statute providing 
that a. director shall keep the necessary school-house furniture in proper 
order, and that his expenses shall be subsequently audited and paid, 
does not intend that money shall be put into his hands previous to such 

auditing. 3 

CHAPTER Y. OFFICERS. 

28. Quasi-judicial powers of officers. School officers are usually pos- 
sessed of specially defined powers and should exercise no others, except 
such as arise by fair implication from those granted. 4 In many States 
certain school officers are clothed with authority to decide contro- 
versies and hear appeals. An appeal is not a suit; and a statute 
providing for the employment of counsel in case of suits by or against 
a district does not warrant such employment in case of a hearing before 
a county or State superintendent. 5 The hearing of an appeal and the 
decision of controversies and disputes arising under the school law are 
exercises of " a visitatorial power of the most comprehensive character. ^ 
The decisions of an officer or board clothed with such power are en- 
titled to great weight with the courts 7 and are of value in con- 
struing the school law when it admits of different constructions. 8 In 
Maryland they are summary and conclusive. 9 The manner of conduct- 
ing the hearing of cases by school officers may be determined by them 
in the absence of statutory regulation. A superintendent may require 
evidence to be submitted in the form of affidavits and the arguments of 
parties or counsel to be in writing, and may refuse a personal hearing of 
witnesses and an oral examination of them before him. 10 A board of 
education need not require testimony to be given under oath. 11 " The 
delicate nature of the duty devolved upon the trustees," said Judge 
Noah Davis, 12 of New York, in a case involving the discharge of a 
teacher, " to see to it that unfit or incompetent persons are not put or 
kept in charge of the children who attend the common schools forbids 
the idea of a trial with the formality and strictness that belong to 

1 McLaren v. Township Board of Akron, 48 Mich., 189. 

2 Johnson v. School Directors, 67 Mo., 319 ; Kane v. School District, 52 Wis., 502. 
3 Hamtramck Board v. Holihan, 46 Mich., 127. 

4 Peers v. Board of Education, 72 111., 508; School District 4 of Rush v. Wing, 30 
Mich., 351. The legislative power of a State board of education is discussed in Mo- 
bile School Commissioners v. Putnam, 44 Ala., 508. 

6 Templin & Son v. District Township of Fremont, 36 Iowa, 411. 

6 Wiley et al., Trustees, v. School Commissioners of Alleghany Co., 51 Md., 401. 

7 State ex rel. Burpee v. Burton, 45 Wis., 150 ; s. c., 30 Am. Rep., 706. 

8 Appeal of Cottrell, 10 R. I., 615,617. 

9 Wiley et al., Trustees, v. School Commissioners of Alleghany Co., 51 Md., 401. 

10 State ex rel. Moreland r. Whitford, 54 Wis., 150, 155. 

11 People ex rel Murphy v. Board of Education, 3 Hun (N. Y.), 177. 
l ' 2 Ibid., p. 181. 

205 



48 CIRCULARS OF INFORMATION FOR 1883. 

courts. It is only necessary to suggest that they must often act upon 
moral convictions rather than established facts, and upon evidence f 
uufitness, physical, mental, or moral, that would not in courts be such 
proof as would justify a verdict of guilt of specific offences or immoral- 
ities." If an appeal is taken under a statute, the party appealing waives 
those questions which require a judicial review arid submits himself to 
the discretion of the appellate body. 1 The wisdom of intrusting school 
contro versies to school officers has been approved in several of the opinions 
cited, as will be seen by the following brief quotations : li We are satisfied 
that this supervision of the State superintendent over the affairs of schools 
and school districts, commonly very fruitful sources of litigation, has been 
most wisely conferred upon him for the public interest, as well as for the 
peace and prosperity of the schools and districts themselves." 2 " If every 
dispute or contention among those intrusted with the administration of 
the system, or between the functionaries and the patrons or pupils of 
the schools, offered an occasion for a resort to the courts for settlement, 
the working of the system would not only be greatly embarrassed and 
obstructed, but such contentions before the courts would necessarily be 
attended with great costs and delay, and likely generate sutfh intestine 
heats and divisions as would in a great degree counteract the benevo- 
lent purposes of the law." 3 " A quarrel or a lawsuit in a school dis- 
trict is generally not long confined to the original parties. It spreads 
among all the families, it goes into the selection of teachers, and injures 
the discipline of the schools ; and if the difficulty once takes the shape 
of a lawsuit, and the parties have expended money as well as temper 
upon it, it is still more difficult to settle. Hence the provision for a 
cheap and speedy decision avoiding the delay and expense of a law- 
suit." 4 

29. Same. Limitation of appeals. A clause in the code of Iowa 
provides that " any person aggrieved by any decision of or order of the 
district board of directors, in matter of law or fact, may, within thirty 
days after the rendition of such decision or the making of such order, 
appeal therefrom to the county superintendent." The directors of the 
independent school district of West Des Moines had made a rule that 
scholars guilty of defacing or injuring school property should not be 
allowed to attend school until payment of damages or adjustment of the 
case. A child accidentally broke a glass in a window. Neither he nor 
his parents paid for it. Consequently the child was refused admittance. 
The case was brought before the courts, and the question of jurisdic- 
tion considered. Three judges of the supreme court believed that 
it had jurisdiction j two, one of them the chief justice, dissented. Roth- 
rock, J., in dissenting, said : " It seems to rne that this is a rase where 

1 Brody v. Perm, 32 Mich., 272. 

2 State ex rel. Moreland v. WMtford, 54 Wis., 154. 

3 Wiley et al., Trustees, r. School Commissioners of Alleghany Co., 51 Md., 406. 

4 Appeal of Cottrell, 10 R. I., 618. 

206 




RECENT SCHOOL LAW DECISIONS. ,yy 49 

the remedy by appeal is peculiarly appropriate. The controversy is 
one concerning the proper government of the school, and it should be 
determined by the tribunal appointed by law to settle such questions. 
If resort can be had to the courts without first appealing to the county 
superintendent, and from him to the State superintendent, the law al- 
lowing an appeal becomes a dead letter and wholly useless and inoper- 
ative." The majority "decided that the subjects of appeal are limited. 
Beck, J., giving the opinion, said : " It cannot be held that decisions 
and orders refusing the allowance and payment of claims against the 
district, or construing contracts, or affecting the possession of or right 
to property, when the interest of a citizen is affected thereby, may not 
be questioned except upon appeal. * ' * * It was certainly never 
the inten: ion of the legislature to confer upon school boards, superin- 
tendents of schools, or other officers discharging judicial functions ex- 
clusive authority to decide questions pertaining to their jurisdiction 
and the extent of their power. All such questions may be determined 
by the courts of the State. Hence, when the rights of a citizen are in- 
volved in the exercise of authority by a school officer the courts may 
determine whether such authority was lawfully exercised." 1 

30. County superintendents. The powers and duties of a county super- 
intendent of public instruction are derived entirely from statute. He 
can only exercise such powers as are especially granted or are incident- 
ally necessary to carry the same into effect. Any proceedings on his 
part beyond the scope of his authority, or where he has no jurisdiction, 
are absolutely void. 2 If he has discretionary power with regard to grant- 
ing certificates, the court may compel him to act upon an application, 
but it cannot control his discretion. 3 He may sue for and recover moneys 
due the officers whom he has superseded. 4 He cannot draw a warrant 
for the minimum odlary allowed by law when his salary is to be fixed 
by a board of supervisors. 5 If he accepts through ignorance a less sum 
than that to which he was entitled, he cannot recover the remainder. 6 
If the amount of the salary is to be determined by a body and that body 
has acted, the decision is final, though it acted on its own motion, in the 
absence of the superintendent, and allowed him but half he claimed. 7 

31. Directors, trustees, &c. Organization. The first business of a school 
board composed of continuing and newly.elected members is to organize. 
This is best accomplished ordinarily by effecting a temporary organiza- 
tion; whereupon the returns of the election are read or the certificates 

1 Perkins v. Directors Ind. Dist. of West Des Moines, 56 Iowa, 476. 
2 Ratcliff v. Faris, 6 Nebr., 539, 544. 

3 Bailey v. Ewart, 52 Iowa, 111. 

4 Simmons v. Holmes, 49 Miss., 134. 

5 Peachy v. Redmond, 59 Cal., 326. 

6 Campbell v. Board of Commissioners of Monroe Co., 71 Ind., 185. 

7 Haile v. Young, 6 Lea (Tenn.), 501. 

207 
4 -5032 



50 CIRCULARS OF INFORMATION FOR 18^3. 

of the directors elect are presented; and thus all the members partici- 
pate in the permanent organization. If a permanent organization cannot 
be accomplished, however, because no one of the members can obtain a 
majority of votes for president, it is such neglect of duty as will justify 
the proper court to declare the seats of the directors vacant and appoint 
others in their stead. The official functions of newly elected members 
attach when the full term of their predecessors has expired ; they are then 
entitled to meet with the continuing members and participate in both 
the temporary and permanent organization of the board. 1 When a board 
is clothed with authority to decide upon all questions relative to the quali- 
fications, elections, and returns of its members, its decision that a person 
is not entitled to a seat as a member is final ; and a statement of the 
reasons, upon its records, cannot confer on the courts any authority to 
consider a question which the legislature has made it the duty of the 
school board to decide finally and without appeal. 2 A member appointed 
to fill a vacancy until the next election, "when such vacancy shall be 
filled by electing a person from the district in which the vacancy occurs 
to supply the same," does not hold his office till the time ordinary direc- 
tors chosen at that election would begin to act, but his official relations 
cease with the occurrence of the election.' A member appointed to 
serve until the municipal election next ensuing and the election and 
qualification of his successor continues in office notwithstanding an 
illegal election of a successor. 4 An unaccepted resignation does not 
create a vacancy. It is the right and duty of a member to act until the 
acceptance of his resignation. 5 

32. Same. Requisites to valid action. "Trustees can act only in pur- 
suance of law; they cannot be compelled to act unless the law is com- 
plied with in every substantial particular, nor are they permitted to 
act until it is so complied with. They have no power to waive any- 
thing that is necessary to compel their action. They may not as a matter 
of grace or favor take territory from one district and add it to another. 
They may do this [arid similar acts] only in the cases provided by law; 
and whatever is essential to be done before they are bound to act, they 
must require before they do act." 6 If a board of education is made a 
body corporate, individual members, acting separately, although a ma- 
jority, cannot contract a debt nor direct the issuance of an order to pay 
it. 7 The president and secretary cannot act for the board and without 
its concurrence in matters of contract. 8 The concurrence of a majority 



1 Boutou r. Rico, 10 Phil. Reports, 559. 
1 IVabody v. School Committee of Boston, 115 Mass., 383. 
3 Commonwealth c Thomas, 10 Phil. Reports. 600. 
< People v. Harvey, 58 Cal., 337. 
5 Townseud v. School Trustees, 41 N. J. L., 31'2. 
p Potter r. Board of Trustees, 10 111. App., 343, 346, per Wall, J. 
7 State ex rtl. Steinbeck t?. Treasurer of Liberty Township, 22 Ohio St., 144; Aik- 
mati r. School District of Deuison, 27 Kaus., 1'29. 
8 School District r. Padden, 89 Pa. St.. 395. 
208 



RECENT SCHOOL LAW DECISIONS. 51 

when duly assembled is required to constitute a valid act; 1 the instruc- 
tion of the court below to the jury, that, "If you find from the evidence 
that two of the [three] subdirectors * * * told the plaintiff that 
she could continue to teach the school under the contract, and that they 
would call a meeting to approve the same, this would be a ratification 
of said contract, and the defendant [district] would be bound thereby," 
has been declared an error. 2 In New Jersey it is one of the duties of 
incorporated trustees to employ teachers ; and, in commenting upon it, 
the court said : 3 " The duty of these trustees, in the selection of teachers, 
was not ministerial merely; they were obliged to examine into the quali- 
fications of teachers and to exercise judgment and discretion in their 
selection; it was the performance of an important public duty, in the 
execution of which conference and comparison of judgments were neces- 
sary in reaching proper results. It was an act judicial in its nature, 
and the rule governing such bodies so acting is, unless special provision 
of law is otherwise made, that all must meet, or have notice to meet, 
when official action is intended." The action of a majority of a school 
board will not bind the district when other members of the board had 
no notice of the action and did not participate in it. 4 

33. Same. A majority of the votes cast will not be construed a ma- 
jority of those present. 5 If all members have had due notice, a major- 
ity of those present can legally authorize or perform an act, and a con- 
tract made by two of three members of a committee, where the third 
member either authorized them beforehand to make it or consented to 
it afterward, is valid. 3 It was held in the last case cited 6 that it was 
correct to instruct a jury that the contract of two members of a com- 
mittee would be valid "if the third member was notified and requested 
to act and authorized the others to act without him ; that there was no 
necessity of the committee assembling in a formal meeting at any par- 
ticular place; that they were not a board, with a clerk, having stated 
times and places of meeting; and that, if the} 7 all consented to and had 
knowledge of the acts of the majority, that was sufficient, even if the 
third member had no notice to be present at the time the contract was 
executed." The proceedings of school boards will not be treated as 
void and set aside in collateral proceedings for mere irregularities which 
do not affect the substantial rights of parties. 7 In a Missouri case the 



r. Lercke, 47 Mich.. 626. 
Herrington v. District Township of Listou, 47 Iowa, 11. 

3 Townsend v. School Trustees, 41 N. J. L., 313. See, also, School Directors v. Jen- 
nings, 10 111. App., 645. and State v. Leonard, 3 Teim. Chan., 177. 
4 People v. Peters, 4 Nebr., 254. 
c Commonwealth v. Wickersham, 66 Pa. St., 134. 

6 Wilson t?. Waltersville School District, 46 Conn., 400, 403. A school district com- 
mittee is not a specially incorporated body in Connecticut, as are customarily boards 
of trustees, directors, &c., in other States. 

7 Rice v. McClelland, 58 Mo., 116. 

209 



52 CIRCULARS OF INFORMATION FOR 1888. 

court said : l "There is -no doubt that the action of the township board 
was irregular ; but if all of their proceedings which are had in good 
faith can be set aside and treated as void in collateral proceedings for 
irregularities which do not affect the substantial rights of the parties 
interested, the whole beneficial objects of our school system will be 
paralyzed and rendered inefficient. The schools must necessarily in 
many townships be conducted by men not accustomed to legal certainty 
and forms, and their action should be upheld when good faith has been 
exercised unless it is in very glaring cases of wrong or where direct pro- 
ceedings are instituted at the time to set their action aside." 

34. Same. Power to employ and dismiss teachers. A board of school 
directors, though a corporation, is possessed of certain specially defined 
powers, and can exercise no others, except such as result by fair im- 
plication from the powers granted. 2 A board of education cannot dele- 
gate its powers. This was decided in interpreting an Ohio provision 
" that in each township district the local directors shall employ teach- 
ers of the schools in the subdistrict in which they reside," u have power 
to fix the salary or pay of said teachers," and " shall certify the amount 
due any teacher for services to the township clerk," &c. The court 
said : 3 " The local directors of a township school district are not au- 
thorized to permit any person to teach or assist in teaching a public 
school under their control unless employed by them for that purpose. 
They have no power to delegate the employment of teachers for such 
schools to any other person or persons, nor to provide for the payment 
of a teacher thereof, in any other manner than that pointed out." A 
board authorized to establish and maintain a graded school system has 
power to appoint a superintendent of schools if his services are needed. 4 
If a board is empowered to hire teachers and is given the general care 
of the affairs of a school or a district, it has by implication the right to 
dismiss a teacher for good cause, 5 not otherwise. Whether boards or 
committees can make a contract with a teacher for a longer time than 
to the end of their term of office has been generally decided in favor of 
such a contract. 7 In a Connecticut case the court said : " It would be 
a novel and most mischievous doctrine that the officers who manage the 
governmental corporations of the State could have no power to make 
a contract which was not to be performed within the time for which 



1 Rice v. McClelland, 58 Mo., 121. 

2 Peers v. Board of Education, 7-2 111., 508. 

3 State ex rel. Werden r. Williams, 29 Ohio St., 161, 1<>3. 

4 Spring v . Wright, 63 111., 90; Stuart v. District 1 of Kalamazoo, 30 Mich., 69. 

6 Bays v. State, 6 Nebr., 167 ; City of Crawfordsville v. Hays, 42 Ind., 200. 
6 McCutcheon v. Windsor, 55 Mo., 149. See $56, post. 

7 Wilson r. East Bridgeport School District, 36 Conn., 280; Gillis v. Space, 63 Bar- 
bour (N. Y.), 177; Wait v. Ray, 5 Hun (N. Y.), 649; Stevenson r. School District, 87 
111., 255; Davis v. School Directors, 92 111., 293; Looruis v. Coleman, 51 Mo., 21. 

210 



RECENT SCHOOL LAW DECISIONS. 53 

they were elected to office." l The court, in a New York case, said : 2 "To 
limit the right to employ a teacher for a time not beyond the incum- 
bent's term of office would lead at times to great embarrassments and 
deprive the district of the opportunity to receive the services of desir- 
able teachers. An indiscreet or corrupt officer may impose on the dis- 
trict, it is true. The inhabitants of a district and patrons of the school 
must confide this power somewhere, and their protection is in selecting 
competent and honorable officers." In the case from which this quota- 
tion is taken a sole trustee hired a teacher for a school year commencing 
six days after the expiration of his term of office, and the contract was 
sustained. In Illinois a similar contract was not sustained, the court 
saying: 3 ' There is doubtless no objection to contracts for the teaching 
of terms extending for a reasonable time beyond the current school 
year when such contracts are entered into in good faith, and not for the 
purpose merely of forcing upon the district an unsatisfactory teacher 
or defeating the will of the voters at the annual election. But we think 
the spirit and intent of the law are clearly repugnant to the idea that 
one board of directors may by contracts wholly to be carried out in the 
future divest future boards of directors of the power to select the teach- 
ers they shall desire for the terms to be commenced after their organi- 
zation." In I 3 eunsylvauia md Missouri it has been said that a contract 
for the employment of teachers should not extend beyond the current 
year. 4 

35. Same. Power to repair, expend money, &c. A board can bind a 
school district by a contract for repairs to a school-house, and that not- 
withstanding a given sum was voted at the annual meeting for specified 
repairs and had been so expended; 5 the direction that u the district 
board shall have the care and keeping of the school-house," the court 
said, "may not imply the right to remodel or improve, but it implies 
the right to do all that may come fairly and strictly within the term 
* repair.'" " 4 Care and keeping,' when used in connection with a trust like 
this, imply the right to preserve the building in the condition in which it 
is placed in their custody, to make good the waste and injury to which all 
buildings, and especially public buildings like a school-house, are sub- 
ject." 6 A trustee, in purchasing a school site, may agree that the dis- 
trict shall build and repair the entire division fence. 7 A board may 
bind a district for -expenses incurred in securing the location of a high- 
way by its school-house, such expenditures being allowed as " contingent 

1 Wilson v. East Bridgeport School District, 36 Conn., 282. 
2 Gillis v. Space, 63 Barbour (N. Y.), 180. 

3 Stevenson v. School District, 87 111., 255, 258. 

4 School District of Dennison v. Padden, 89 Pa. St., 395, 398; Loomis v. Coleman, 51 
Mo., 21. 

5 Conklin v. School District, 22 Kaus., 521. 

6 Ibid., p. 52G. 

7 Albright v. Riker, 22 Huu (N. Y.), 367. 

211 



54 CIRCULARS OF INFORMATION FOR 1883. 

expenses necessary for keeping the schools in operation." 1 A school 
board cannot create a debt by erecting a school-house. The charter of 
the St. Joseph (Mo.) board of public schools authorized it to make an 
annual estimate of the amount of money to be raised for the purpose of 
building, repairing, and furnishing school-houses, and required the 
county court to cause the same to be levied and collected. It was held 
that this provision was a limitation upon the power of the board to build 
school-houses, and that neither this clause nor another empowering the 
board "to do all lawful acts which may be lawful and convenient to carry 
into effect the objects of the corporation," authorized the board to create 
a debt for that purpose and issue bonds for its payment. 2 When the 
qualified electors of school districts are intrusted with the power to de- 
termine what sort of school-houses shall be built and the extent of the 
expenditure therefor, a school board cannot increase the expenditure 
and bind the district for its payment. 3 Aboard may ratify an informal 
contract for the erection of a school-house, if it is one they had power 
to make in the first instance. 4 A contract for the erection of a school- 
house should be made with reference to the funds in the treasury for 
that purpose. The district board has no authority to draw orders for 
the payment of claims so arising on a fund which has been proposed but 
not raised. 5 A board must provide for the payment of claims justly 
due and judgments, so far as it can, or the courts will be justified in 
compelling them to do their duty in the premises. 6 Trustees or equiv- 
alent officers may take personal property by bequest for their schools. 
"Devises or bequests to trustees for the purposes of founding a library 
or school create legal and valid trusts." 7 Public officers cannot contract 
with themselves as individuals and cannot act judicially on their own 
interests. They should not occupy two conflicting office*. 8 It is a 
violation of a trust for several persons holding together a fiduciary re- 
latiou to others to contract with one or more of their own number in 
matters relating to such trust. The members of a school board being 
both public officers and trustees of school property, a contract between 
it and one of its members for the building of a school-house is voidable 
in equity by the district. 9 It should not employ one of its number to 

1 Flint River Independent District v. Kelley, 55 Iowa, 568. 

9 Erwin v. St. Joseph Board of Public Schools, 2 McCrary (U. S. Circ. Ct.), 608. 

3 Gehling v. School District No. 56 of Richardson Co., 10 Nebr., 239. See School Di- 
rectors v. Miller, 54 111., 338. 

4 Stevenson & Rice v. Township of Summit, 35 Iowa, 462. 

* School District 2 of Dixon Co. v. Stough, 4 Nebr., 357. 

6 Boynton v. Newton, 34 Iowa, 510; Stevenson & Rice v. Summit District Town- 
ship, 35 Iowa, 462; Dannatv. Mayor, 6 Hun (N. Y.), 88. 

'Betts v. Betts, 4 Abb. N. C. (N. Y.). 317, 409. 

8 Clement v. Everest, 29 Mich., 21. 

9 Pickett v. School District 1 of Wiota, 25 Wis., 551. A school committee can make 
a legal contract, and thereby bind the district, for a teacher's board, although the 
district voted at the annual meeting that the teacher should " board around in pro- 
portion to the grand list." The court did not apply the rule that public officers can- 
212 






RECENT SCHOOL LAW DECISIONS. 55 



oversee the completion of a school-house abandoned by the con- 
tractor. 1 Public policy will not allow property held in trust by com- 
mittees for public school purposes to be taken in execution at the suit 
of a creditor. 2 

30. Same. General liability. School officers are not personally and 
individually liable for the violation of contracts madein the course of their 
official duty. Where trustees had violated their contract with a teacher 
the court said " that the mere violation of the contract by the trustees in 
their official capacity, which they had entered into for the corporation, 
did not render them personally and individually liable." 3 Being pub- 
lic officers and contracting as such, they are not personally responsible, 
it being the law that public officers are not liable on any contract they 
may make within the line of their duty. 4 Suit will not lie against an 
unincorporated board of subdirectors. 5 An agreement signed by di- 
rectors in an official capacity and attested by their secretary does not 
bind the directors as individuals and is binding upon .the district. 6 
School officers, in matters requiring the exercise of discretion, are not 
answerable in damages for honest errors of judgment. In Massachu- 
setts it has been said that ordinarily school officers are not accountable 
to individuals who may be aggrieved for the manner in which they ex- 
ercise their public functions. 7 

In Missouri the court said: 8 " School directors are elected by the 
people, receive no compensation for their services, are not always or 
frequently men who are thoroughly informed as to the best modes of 
conducting school?. They are authorized, and it is their duty, to adopt 
reasonable rules for the government and management of the school, and 
it would deter responsible and suitable men from accepting the position 
if held liable for damages to a pupil expelled under a rule adopted by 

not contract with themselves, to a school committee; but held that for boarding the 
teacher or furnishing supplies, &c., if there is no fraud, recovery for their value can 
be had from the district. Brown v. School District, 55 Vt. ; 28 Al. L. J., '276. 

1 Moore v. Independent District of Toledo City, 55 Iowa, 654. 

2 State v. Tiedema/nn, 69 Mo., 306. 

3 Morrison et al. v. McFarland, 51 Ind., 206, 210. See, also, Butler v. Hainea, 79 
Ind., 575. 

4 Robinson r. Howard, 87 N. C., 151. 

5 Board of Directors v. Burton, 26 Ohio St., 421. See, also, Puterbaugh v. Township 
Board of Education, 53 Mo., 472. 

6 Independent District of Mason City v. Reichard, 50 Iowa, 98, 102. 

7 Learock v. Putnam, 111 Mass., 499. 

8 Dritt v. Snodgrass, 66 Mo., 286; 8. c., 27 Am. Rep., 343. This case is sometimes 
cited as sustaining the doctrine that a school board cannot make rules governing the 
home conduct of pupils. The court said : " While this court might, on mandamus to 
compel the board and teacher to admit a pupil thus expelled [for attending a party, 
contrary to a rule of school], review the action of the board, and pass upon the rea- 
sonableness of the rule, which we do not, however, decide here, yet the doctrine that the 
courts could do this is very different from that which would hold the directors liable 
lor damages for enforcing a rule honestly adopted." 

213 



56 CIRCULARS OF INFORMATION FOR 1883. 

them under the impression that the welfare of the school demanded it, 
if the courts should deem it improper." 

In an Illinois case the court said: 1 "A mere mistake in judgment, 
either as to their duties under the law or as to facts submitted to them, 
ought not to subject such officers to an action. They may judge wrongly, 
and so may a court or other tribunal, but the party complaining can 
have no action when such officers act in good faith and in the line of 
what they think is honestly their duty. Any other rule might work 
great hardship to honest men who, with the best of motives, have faith- 
fully endeavored to perform the duties of these inferior offices. Al- 
though of the utmost importance to the public, no considerable emolu- 
ments are attached to these minor offices, and the duties are usually 
performed by persons sincerely desiring to do good for their neighbors 
without any expectation of personal gains ; and it would be a very harsh 
rule that would subject such officers to an action for damages for every 
mistake they may make in the honest and faithful discharge of their 
official duties as they understand them." It is not in the line of duty 
for trustees to refuse a person expelled from a school the quiet enjoy- 
ment of an exhibition held by a literary society of the school in the 
school building. In charging the jury in such a case 2 the judge gave 
an instruction that u to say that a student expelled from a school for 
disobedience to some municipal regulation should be excluded from at- 
tending a prayer meeting or public lecture in the school-house or col- 
lege premises for all time to come, without any evidence of improper 
conduct or suspicion of improper purposes, would be an exercise of 
tyranny over his private rights not vested in the trustees, directors, or 
professors of our educational institutions." If a committee use violence 
in dispossessing a teacher, the person or persons so doing are individu- 
ally liable. 3 

37. Same. Liabilities for negligence. A school board is not liable in 
its corporate capacity for negligence in the discharge of its official duty 
in the erection and maintenance of a common school building. 4 

In the case cited the court, in an opinion by Judge Ashburn, said : 5 
u Owing to the very limited number of corporate powers conferred on 
them, boards of education rank low in the grade of corporate existence, 
and hence are properly denominated quasi- corporations. This designa- 
tion distinguishes this grade of corporations from municipal corpora 
tions, such as cities and towns acting under charters or incorporating 
statutes, which are vested with more extended powers and a larger 
measure of corporate life. This superior grade, from the nature of their 
organization, benefits received, and power to raise needed funds, are 



1 McCormick v. Burt, 95 111., 263, 266 ; s. c., 35 Am. Rep., 163. Opinion by Scott, J. 
2 Hughes v. Goodell, 3 Pittsburgh (Pa,.), 264, 267. Per Johnson, J. 
3 McCutcheon v. Windsor, 55 Mo., 149. 

4 Finch v. Board of Education, 30 Ohio St., 37. Otherwise in New York. 

5 Ibid., p. 46. See ante, $ 9 and note. 

214 






RECENT SCHOOL LAW DECISIONS. 57 

held responsible by the common law for private personal injuries caused 
by their own negligence of that of their servants, whilst the inferior 
grade of public q uasi -corporations are liable for damages resulting from 
their negligence only where made so by express legislation. This 
gradeincludes the defendant [board of education]. It possesses butlim- 
ited powers and small corporate life ; a corporation in some sense politi- 
cal, but in no sense a municipal corporation." A different line of argu- 
ment has been taken in New York, substantially as follows : In addition 
to being a governmental agency a board of education is also a corpora- 
tion. This being so the courts have held it responsible for its own con- 
tracts j 1 being subject to such obligations, it is difficult to see why it 
should not be liable to an action for the neglect of a duty imposed upon 
it by law. 2 When it is specially incorporated it muet be so ; for in that 
way it is raised from a quasi into a responsible corporation. Its mem- 
bers become the living agents through which the corporation manifests 
itself, exercises its powers, and is liable for neglects. 3 Thus the law stands 
in New York that a specially incorporated board of education is liable 
for negligence in rlie performance of its duties. 4 As to what would 
constitute negligence in permitting a hole in the school -house floor to re- 
main open, Judge Folger, in a case already cited, said : 5 u If, in the proper 
discharge of their duty, they had gone to the building, and, looking for 
defects threatening immediate danger, had found this hole, then they 
would have had actual and personal knowledge of it, and would have 
been in fault, if having public means to do it they had not amended it. 
If so going they had made so careless an inspection as not to see what 
was so plain, then they would have been faulty. If they did not go at all 
and took no heed of the liability to danger from the general and par- 
ticular defects of a building in their charge, which they kept open for 
the use of many people, then they egregiously failed in doing their 
duty." 

38. Same. Eemoval from office. Proceedings to remove a school 
officer cannot justly be taken until the action of the proper au- 
thorities has been invoked by complaint of some definite violation of 

1 Daimatv. Mayor of New York, 6 Hun (N. Y.), P87~ 

2 Donovan v. Board of Education, 44 N. Y. Sup. Ct., 53, 62. 

3 Basset t v. Fish, 75 N. Y. App., 303, 312. 

4 The difficulties in the way of obtaining damages may be illustrated by the case of 
Thomas Donovan. He fell into a hole in a school yard in New York City. His first 
suit was against the board of education. The case was dismissed, but a new trial 
was granted by the court in general term. The second appearance of the case in the 
reports (46 Sup. Ct., Ill) was in a suit against ward trustees individually, in which it 
was decided they were not so liable, but were liable as a body ; yet as a body they were 
a gwasi-corporation, and thus not liable. At the third appearance of the suit (46 Sup. 
Ct., 565) Donovan was nonsuited in an action against the board for not showing any 
legal connection between it and the acts of the trustees through which the injury 
occurred. The fourth appearance of the suit was when the last decision was affirmed 
by the court of appeals. Donovan v. McAlpin, 85 N. Y. App., 185 ; 8. c., 39 Am. 
Rep., 649. 

* Bassett r. Fish, 75 N. Y. App., 310. 

215 



58 CIRCULARS OF INFORMATION FOR 1883. 

duty. 1 The notice of the time and place of the hearing may be agreed 
upon and issued by the board having the jtower of removal without a 
meeting of its members. 2 A wilful refusal to sign a contract made with 
a teacher, or to accept and file it, or to draw orders for a teacher's pay 
during the currency of the contract, and an obstinate neglect to furnish 
necessary school-house supplies may be taken into account in proceed- 
ings fora removal; 3 for, as Judge Campbell said, 4 " Nothing is more 
likely to injure schools than meanness and unfairness in dealing with 
teachers." An act authorizing the removal of a school officer by the 
township board for illegal use of school moneys and for the neglect or 
refusal to discharge a duty does not warrant the removal of an officer 
for hiring her husband and agreeing to pay him more than was neces- 
sary to secure a good or better teacher, 5 nor the removal of a director 
for conspiring with her to do so. 6 In such cases the township board is 
the exclusive judge of facts, and its proceeding can be reviewed by 
courts only on questions of law. 7 If charges set up against a school 
officer are admitted by him, and he expressly desires the board to act 
on them without delay, he cannot afterwards complafh that they did so. 8 
39. Treasurer. The reception of a treasurer's bond by the board of 
education is a sufficient approval of him. 9 He may not receive for school 
moneys anything which the law has not authorized to be so received, 
and if he does so and receipts for taxes on that account he must make 
good the amount. 10 He is the only proper custodian of school moneys. 11 
His liability is absolute for all funds which come into his hands in his 
official capacity, regardless of the cause of, or circumstances attending, 
loss. 12 He is not entitled to credit for sums paid to a township in excess 
of the funds he has received for it. 13 The failure of a bank where he 
had deposited funds does not release him, though he was not guiltj- of 
any want of care or prudence in failing to ascertain its financial condi- 
tion. 14 The school district has no authority to release him from liability 
for money lost or misapplied by him. 15 A stipulation in his bond against 



'Geddes v. Thomastown, 46 Mich., 316. 

3 Wenzel v. Dorr Township Board, 49 Mich., 25. 
3 Geddes v. Thomastown, 46 Mich., 316. 

4 Ibid., p. 319. 

6 Hazen v. Town Board of Akron, 48 Mich., 188. 

fi McLaren v. Town Board of Akron, 48 Mich., 189. 

7 Hamtrainck v. Holihan, 46 Mich., 1<J7. 

8 Geddesv. Thomastown, 46 Mich., 316. 

9 Bartlett v. Board of Ed., 59 111 , 364. See, also, $ 30, ante. 

10 Jones v. Wright, 34 Micb., 371; Lovingston r. School Trustees, 99 111., 564. 

11 Adams v. State, 82 111., 132. 

13 Dist. Township of Bluff' Creek, r. Hardinbrook, 40 Iowa, 130. 

13 State v. Cook, 72 Mo., 496. 

14 State v. Powell, 67 Mo., 395 ; Ward v. School Dist. 15 of Colfax Co., 10 Nebr., 293. 

15 Ward v. School District 15 of Colfax Co., 10 Nebr. , 293. For certain duties of county 
and district treasurers in Nebraska, relative to school funds, see Donelly v. Duras, 
11 Nebr., 283. 

216 



RECENT SCHOOL LAW DECISIONS. 59 

liability for non- performance occasioned by inevitable accident does not 
protect him or his sureties. 1 The liability of a township treasurer is 
distinct from his ordinary liability for township moneys, and he cannot 
be released from duties or any way affected by the action of the town- 
ship board. 2 In an Iowa case, the court commented on the necessity of 
a strict compliance witli the terms of the bond of a treasurer, as follows: 3 
"He is bound by the obligation of the bond, not to exercise due care 
and diligence in the discharge of this duty, but to perform it absolutely, 
without conditions or exceptions. He is to hold the money of the dis- 
trict. This is the provision of the law. His contract, expressed in the 
bond, binds him to the discharge of this duty. He will not be relieved 
from the contract by showing any degree of diligence or care which 
falls short of absolute compliance with the terms of his contract. His 
liability rests upon the conditions of his bond, and if by them he is re- 
quired to do an act which, without his fault, becomes impossible on ac- 
count of anything occurring subsequently to the contract, he will not 
be released. These rules are applicable to all contracts, and the pub- 
lic interest demands that, at this day, when public funds in such vast 
amounts are committed to the custody of such an immense number of 
officers, they should not be relaxed when applied to official bonds. A 
denial of their application in such cases would serve as an invitation to 
delinquencies which are already so frequent as to cause alarm." 

40. Assessors. The duties customarily assigned to treasurers are 
sometimes performed by assessors. 4 In such a case a showing of want 
of funds is a complete answer to an application for an order of court re- 
quiring the assessor of a school district to pay an order drawn on him in 
favor of a teacher. 5 An assessor cannot lawfully withhold district funds 
from his successor on the ground that he is entitled to be previously 
personally notified officially. If he does so, suit may be brought against 
him personaDy as well as upon his bond ; for " the bond is required ill 
order to afford other and greater security than the individual responsi- 
bility of the person serving, but not to supersede his separate individual 
responsibility." 6 He cannot defend his refusal to turn over to his suc- 
cessor the funds in his official custody on any questions of the regularity 



1 District Township of Union i\ Smith, 39 Iowa, 9. Sureties on a county treasurer's 
general bond, conditioned according to the statute for the performance of his official 
functions, are not liable for his default in relation to the school fund, which is pro- 
tected by the special bond prescribed by the statute imposing his duties respecting 
this fund. State v. Frlton, 59 Miss., 40^. 

2 Jones v. Wright, 34 Mich. ,371. 

3 District Township of Taylor v. MortoH, 37 Iowa, 553. 

4 For instance, the Michigan school law provides that "the assessor shall pay all 
orders of the director, countersigned by ihe moderator, out of any moneys in his 
hands belonging to the fund upon which such orders may be drawn." Com. La.ws, 
1871, p. 119C. 

6 Allen r. Frink, 32 Mich., 96. 

"Mason r. Fractional District, Scio and Webster, 34 Mich., 230. 

217 



60 CIRCULARS OF INFORMATION FOR 1883. 

of the proceedings whereby the funds came into his possession. 1 If the 
school district was not legally established, assessors are liable for assess- 
ing and issuing a warrant for the collection of a school district tax, 
although it was certified to them by one acting as clerk of the district 
that the tax had been voted by the district. 2 

41. Collector. A collector has no right to execute a warrant until 
he has given a bond. He is not in default for not giving a bond before 
the trustees have limited the time and fixed the amount in which it is 
to be given ; nor is he in default concerning moneys until a proper order 
is drawn upon him. 3 If he sell property for an unpaid tax without ful- 
filling the requirements of the law, he is liable as a trespasser, and the 
sale is void. 4 His sureties are not liable for any breach of condition 
happening after the expiration of his term of office, although the officer 
may be continued under the same or a new appointment or election. 5 

CHAPTEK VI. SCHOOLS AND STUDIES. 

42. Public schools in general. A public institution of learning is one 
which is controlled by the State through its agents, in which the State 
has a paramount interest and right of property, and which depends 
upon the State for its existence. 6 The word " common " used in connec- 
tion with schools has no reference to the studies taught, but means 
'open to all, belonging to the public." 7 Parochial schools, though gra- 
tuitously opened to all, are not free public schools ; for they are not 
established, maintained, and regulated under the statute laws of the 
State. 8 Some light is thrown on the question of what constitutes a 
school by the following statement in a recent New York case: 9 "Al- 
though two departments are in the same building and each is recognized 
by the number which marks the building, these departments are, in 
fact, entirely separate schools, as much so as if they occupied separate 
buildings. Each has its own principal, vice principal, and teachers, 
and occupies its distinct part of the building, as does a primary school 
when in the same building with the grammar school." 

An institution principally supported by a State must administer its 
affairs according to the principles of the educational system of the 
State. This was affirmed in a recent case in Indiana. The court, by 
Niblack, J., said: 10 u Purdue University constitutes no part of our sys- 
tem of common schools and has no direct connection with that system ; 

1 Mason v. Fractional District, Scio and Webster, 34 Mich., 228. 

2 Jndd v. Thompson, 125 Mass., 553. 

3 Woodhull v. Bohenblost, 4 Hun (N. Y.), 399. 

* Bedell v. Barnes, 17 Hun (N. Y.), 353. See, also, $ 17, ante. 

6 Overton v. Garrett, 5 Lans. (N. Y.), 156. 

"State ex rel. Straight University v. Graham, 25 La. Ann., 440. 

7 Roach v. St. Louis School Board, 7 Mo. App., 567. 

8 St. Joseph's Church v. Assessors, 12 R. I., 19. 

9 Betts v. Betts, 4 Abbott's New Cases, 414. 

10 State ex rel. Stallard v. White et al, 82 Ind., 2#3 ; 8. c., 42 Am. Rep., 496. 

218 



RECKNT SCHOOL LAW DECISIONS. 61 

but it is an institution of learning primarily endowed by Congress 
[under the agricultural college land grant of 18G2], and continued in 
existence very largely by appropriations made by the general assembly 
of this State. It is, therefore, an educational institution sustaining 
relations to the people at large analogous to those occupied by other 
public schools and colleges-of the State maintained at public expense, 
and one in which all the inhabitants of the State have a common in- 
terest. The general principles underlying die educational s>stem of 
the State are, consequently, applicable to the government and control 
of Purdue University, and, in the absence of express legislative pro- 
visions, must be invoked in determining the powers which that institu- 
tion may exercise." 

43. High schools. A decision sustaining the right of a school dis- 
trict to levy taxes for the support of a high school in which ancient and 
modern languages were taught was rendered in Michigan not long ago. 
In giving the opinion of the court, Judge Cooley said: 1 ''Neither in 
our State policy, in our constitution, nor in our laws, do we find the pri- 
mary school districts restricted in the branches of knowledge which 
their officers may cause to be taught, or the grade of instruction that 
may be given, if their voters consent in regular form to bear the ex- 
pense and raise the taxes for the purpose." In Illinois it has been de- 
cided that the high school is a legitimate part of the system of schools 
established by virtue of a clause in the constitution which says : u The 
general assembly shall provide a thorough and efficient system of free 
schools whereby all the children of this State may receive a good com- 
mon school education." The court remarked: 2 "While the constitu- 
tion has not defined what a good common school education is and has 
failed to prescribe a limit, it is no part of the duty of the courts of the 
State to declare by judicial construction what particular branches of 
study shall constitute a common school education." Similar ground has 
been taken in Mississippi. 3 If an act proposed to be done by the 
proper officers in establishing a high school be within the scope of the 
authority delegated, it is not competent for even a court of equity 10 in- 
terfere with the exercise of discretion given by statute, unl"ss it be 
clearly shown that the power has been orjs about to be corruptly used. 4 

44. Colored schools. The decisions relative to the right to establish 
separate schools for colored children appear to justify the following propo- 
sitions : First, that no person can be deprived of equal educational priv- 
ileges with the whites because he is colored. 5 Second, that the estab- 

1 Stuart v. District 1 of Kalamazoo, 30 Mich., 69, 84. 

-Richards v. Raymond, 92 111., 612, 618. See Roach v. St. Louis School Board, 7 
Mo. A.pp., 567. 
3 Otken r. Larakin, 56 Miss., 758. 

4 Wiley v. School Commissioners of Alleghany Co., 51 Md., 401. 

5 State v. Duffy, 7 Nov., 342; s. c., 8 Am. Rep., 713; Ward r. Flood, 48 Cal., 36; s. 
c., 17 Am. Rep., 405; United States v. Buntin, 10 Fed. Rep., 730; People v. Eastou, 
13 Abb. Pr. N. 8. (N. Y.), 1&9, and other cases. 



62 CIRCULARS OF INK OEM AT I ON FOR 1883. 

livshment of separate schools lor colored youth is not a question to which 
the provisions of the fourteenth amendment to the Constitution of the 
United States apply. 1 Third, that States can direct or allow the exist- 
ence of such schools. 2 Fourth, that school boards cannot establish such 
schools when the legislature has not favored their existence. 3 Quota- 
tions are given sustaining and explaining tbese four propositions: 

u The exclusion of colored children from schools where white children 
attend as pupils cannot b\> supported except * * * where separate 
schools are actually maintained for the education of colored children ; 
and unless such separate schools be, in fact, maintained, all children 
of the school district, whether white or colored, have an equal light to 
become pupils at any common school organized under the laws of the 
State." 4 " If, as has been contended, you find that said colored school was 
so remote from the prosecuting witness's residence that he could not attend 
it without going an unreasonable and oppressive distance; that he was 
thus placed at a material disadvantage with his white neighbors ; that 
the school did not ofier substantially the same facilities and educational 
advantages that were offered in the school established for the white 
children, and from which he had been excluded then and in that event 
he was entitled to admission in said last named school, and his exclu- 
sion therefrom was a denial and a deprivation of his constitutional 
right." 5 

45. Same. Separate schools for the colored race not forbidden by the 
fourteenth amendment. u It is not within the sphere of the National 
Government to regulate education." 6 "Conceding that the fourteenth 
amendment not only provides equal securities for all, but guarantees 
equality of rights to the citizens of a State as one of the privileges of 
citizens of the United States, it remains to be seen whether this 
privilege has been abridged in the case before us. The law in ques- 
tion [establishing separate schools for colored children] surely does 
not attempt to deprive colored persons of any rights. On the con- 
trary it recognizes their right, under the constitution of the State, to 
equal common school advantages and secures to them their equal pro- 
portion of the school fund. It only regulates the mode and manner in 
which this right shall be enjoyed by all classes of persons." 7 " It will 

1 State r. McCann, 21 Ohio St., 198 ; Dallas v. Fosdiok, 40 How. Pr. (N. Y.),24i) ; 
Ward r. Flood, 48 Cal.,36 ; contra, Commonwealth (Pa.) r. Davis, 10 W. N. C., 156. 

'^Cory r. Carter, 48 Ind., 327; s. C., 17 Ain. Rep., 738; People v. Gallagher, 11 Abb. 
N. C., 187; and cases above. The case of People v. Gallagher was affirmed by the 
New York court of appeals, October 9, 1883, two judges dissenting. 

> People v. Board of Education, 101 111., 308; s. c., 40 Am. Rep., 196; Board r. Tin- 
nou, 26 Kans., 1; Dove v. Independent School District, 41 Iowa, 689, following Clark 
v. Board of Directors, 24 Iowa, 266 ; Kaine v. Commonwealth (Pa.), *<J7 Al. L. J., 283. 
The last case was decided in December, 1882. 

4 Ward v. Flood, 48 Cal., 56 ; 8. c., 17 Am. Rep., 417. Opinion by Wallace, C. J. 

5 United States r. Buntiu, 10 Fed. Rep., 735. Charge to jury by Baxter, C. J. 
People v. Gallagher, 11 Abb. (N. Y.) N. C.,215. 

7 State r. McCann, 21 Ohio St., 210. Opinion by Day, J. 
220 



RECENT SCHOOL LAW DECISIONS 03 

indeed be readily conceded that the privilege accorded to the youth of 
the State, by the law of the State, of attending the public schools main- 
tained at the expense of the State is not a privilege or immunity apper- 
taining to a citizen of the United States as such ; and it necessarily fol- 
lows, therefore, that no person can lawfully demand admission as a pupil 
in any such school because of the mere status of citizenship ; and it is 
perhaps hardly necessary to add that assuredly no person can be said 
to have been deprived of either life, liberty, or property because' denied 
the right to attend as a pupil at such schools, however obviously in- 
sufficient and untenable be the ground upon whicb the exclusion is put. 
The last clause of so much of the amendment as has been recited [last 
sentence, section 1, fourteenth amendment], however, forbids the State 
to 'deny to any person within its jurisdiction the equal protection of the 
laws.' * * * The protection of law is indeed inseparable from the 
assumed existence of a recognized legal right, through the vindication 
of which the protection is to operate. To declare, then, that each per 
sou within the jurisdiction of the State shall enjoy the equal protection 
of its laws, is necessarily to declare that the measure of legal rights 
within the State shall be equal and utiilurm ; * * * and in the cir- 
cumstance that the races are separated in the public schools there is 
certainly to be found no violation of the constitutional rights of the one 
race more than of the other, and we see none of either, for each, though 
separated from the other, is to be educated upon equal terms with that 
other, and both at the common public expense." 1 "Any classification 
which preserves substantially equal school advantages is not prohibited 
by either the State or Federal Constitution, nor would it contravene the 
provisions of either." 2 

40. Same. Separate schools for the colored race a subject for State legisla- 
tion. " The classification of scholars on the basis of race or color and 
their education in separate schools involve questions of domestic policy 
which are within the legislative discretion and control, and do not 
amount to an exclusion of either class. In other words, the placing of 
the white children of the State in one class and the negro children of the 
State in another class, and requiring these classes to be taught sepa- 
rately, provision being made for their education in the same branches, 
according to age, capacity, or advancement, with capable teachers, and 
to the extent of* their pro rata share in the school revenue, does not 
amount to a denial of equal privileges to either or conflict with the 
open character of the system required by the constitution. The system 
would be equally open to all. The tuition would be free. The privileges 
of the schools would be denied to none." 3 " It must be remembered that, 
unless some statute can be found authorizing the establishment of sep- 

1 Ward v. Flood, 48 Cal., 49, 50, 52 ; s. C., 17 Am. Rep., 411, 412, 414. 

2 State v. McCann, 21 Ohio St., 211. 

3 Cory v. Carter, 48 Ind., 362 ; s. C., 17 Am. Rep., 764. Opinion by Buskirk, J. 

221 



64 CIRCULARS OF INFORMATION FOR 1883. 

arate schools for colored children, 110 such authority exists." 1 "All 
the youth are equal before the law, and there is no discretion vested in 
the board of directors or elsewhere to interfere with or distnrb that 
equality. The board of directors may exercise a uniform discretion, 
equally operative upon all, as to the residence, or qualifications, or free- 
dom from contagious disease, or the like, of children, to entitle them to 
admission to ea<?h particular school ; but the board cannot in their dis- 
cretion, or otherwise, deny a youth admission to any particular school 
because of his or her nationality, religion, color, clothing, or the like." 2 
" Under our law [requiring directors to secure to all children the right 
and opportunity to an equal education in free schools], aside from the 
fourteenth amendment, directors of schools and boards of education, like 
defendants in error, have no discretion to deny a pupil of the proper age 
admission to the public schools on account of nationality, color, or re- 
ligion." 3 

47. Studies. The principal questions under this head which have 
been before the courts recently are how far a parent can control the 
studies of his child and whether "other branches," mentioned in a 
statute after an enumeration of English studies, would include German. 
The court answered the latter question affirmatively, taking judicial 
notice of the practice and policy of the State to allow the study of Ger- 
man and of the omission of the legislature to prohibit the instruction 
of pupils in that language. 4 The former question has been answered in 
two States, Illinois and Wisconsin. In Illinois the court said: 5 "No 
parent has the right to demand that the interests of the children of 
others shall be sacrificed for the interests of his child ; and he cannot, 
consequently, insist that his child shall be placed or kept in particular 
classes, when by so doing others will be retarded in the advancement 
they would otherwise make ; or that his child shall be taught studies not 
in the prescribed course of the school or be allowed to use a text book 
different from that decided to be used in the school, or that he shall be 
allowed to adopt methods of study that interfere with others in their 
study. * * * - The policy of our law has ever been to recognize the 
right of the parent to determine to what extent his child shall be edu- 
cated during minority, presuming that his natural affections and 
superior opportunities of knowing the physical and mental capabilities 
and future prospects of his child will insure the adoption of that course 
which will most effectually promote the child's welfare. The policy of 

1 Board of Education v. Tinnon, 26 Kans., 23. Per Valentine, J., Brewer, J., dissent- 
ing. 

' 2 Clark r. Board of Directors, 24 Iowa, 277. Opinion by Cole, J. Wright, J., dis- 
sented. 

'People v. Board of Education, 101 111., 316; s. c., 40 Am. Rep., 201. Opinion by 
Craig., C. J. Walker, J., dissented. See State v. Grubb, 85 Ind., 213. 

4 Powell v. Board of Education, 97 111., 375; 8. c., 37 Am. Rep., 123. 

5 Trustees of Schools v. People, 87 111., 303, 307; s. c., 29 Am. Rep., 55. 
222 



RECENT SCHOOL LAW DECISIONS. 65 



the school law is only to withdraw from the parent the right to select 
the branches to be studied by the child to the extent that the exercise 
of that right would interfere with the system of instruction prescribed 
for the school, and its efficiency in imparting education to all entitled 
to share in its benefits. No particular branch of study is compulsory 
upon those who attend school.' 7 In Wisconsin the court said i 1 "Kow, 
we can see no reason whatever for denying to the father the right to 
direct what studies, included in the prescribed course, his child shall 
take. He is as likely to know the health, temperament, aptitudes, and 
deficiencies of his child as the teacher, and how long he can send him 
to school. All these matters ought to be considered in determining 
the question what particular studies the child should pursue at a given 
term." 

48. Text books. It has been decided in Minnesota that the legislature 
may order a contract to be made with a single individual to supply the 
ordinary common schools of the State with text books of prescribed 
kinds and qualities at rates not to exceed a specified limit. The contract 
is not invalid, though it may deprive the patrons of the schools of the 
benefits of an open and competitive market in which to make purchases, 
and thus impose an additional burden upon the enjoyment of public 
school privileges, because it invades no legal rights and violates no con- 
stitutional provisions. 2 When text books are to be changed due notice 
should be given ; the publication of the proposed change as a matter of 
news is not sufficient. 3 A clause inserted in a newly adopted constitu- 
tion, declaring that certain officers " shall adopt a series of text books 
for the use of the common schools within their respective jurisdictions," 
is self executing and supersedes all previous statutes on the subject. 4 
The duty imposed by such a regulation concerning text books ought to 
be performed without unnecessary delay. 5 A recent Kansas case seems 
to take the ground that the adoption by a board of a series of readers, 
of which there were several widely varying editions, would be void for 
uncertainty, and that the court would hear an application for an injunc- 
tion of the use of a later adopted series, not from a private citizen, but 
only from the proper public officer ; but an injunction might, under some 
circumstances, be allowed at the instance of a private individual to 
restrain the use of the later series so far as it interfered with the use 
of the former series by the complainant's child. 6 



v . Wood, 35 Wis., 64; s. c., 17 Am. Rep., 741. 
3 Curryer v. Merrill, 25 Minn., 1, 7; s. C., 33 Am. Rep., 450. 

3 People v. State Board of Education, 49 Cal., 684. 

4 People v. Board of Education of Oakland, 55 Cal., 331. 
6 Sto,te v. School Directors of Springfield, 74 Mo., 21. 

6 School District v. Shadduck, 25 Kans.,467. 

223 
5032 



66 CIRCULARS OF INFORMATION FOR 1883. 



CHAPTEE VII. TEACHERS. 

49. License prerequisite to a valid contract. A contract to employ a per- 
son to teach who has not a certificate or license is void in Illinois, Indi- 
ana, 2 and Minnesota ; 3 and procuring a certificate after entering into 
such an agreement does not render it a valid contract. In Ohio it has 
been decided that a statutory provision similar to the one prohibiting 
the employment of unlicensed teachers in the States above mentioned 
does not render invalid a contract of employment entered into with a 
teacher before he obtains a certificate, provided he obtains it before 
commencing to teach. The court said : 4 " The law forbids the employ- 
ment of a teacher who has not a certificate. The teacher is not < em- 
ployed/ within the meaning and intent of this provision, until he en- 
gages in the discharge of his duties as teacher. The mischief intended 
to be guarded against was the teaching f a school by an incompetent 
person, and not the making of the contract by an incompetent person." 
In Vermont, if a person commences teaching without a certificate arid 
continues to teach after obtaining one, he is considered to have madea 
new contract, commencing at the time when the certificate was obtained 
and having the same terms as the one under which teaching was begun. 5 
In Minnesota a person commenced teaching under a verbal contract. 
He taught three weeks, then obtained a certificate and made a written 
contract to run three months from the time he commenced teaching. 
It was held that he was entitled to wages at the stipulated rate after 
the certificate was obtained and the written contract made, and to no 
remuneration for the previous three weeks. 6 In an Illinois case a cer- 
tificate was not obtained until the middle of the term. A new con- 
tract was entered into at that time to pay the .teacher double wages for 
the remainder of the term. This was considered an attempt to do in- 
directly what there was no power to do directly ; and therefore the con- 
tract was held void, as was the original contract. 7 

50. Contracts. A contract is to be construed in reference tc*contem- 
poraneous laws and usages. For example, in Michigan the law directs 
that a contract of hiring to teach " shall require the teacher to keep a 
correct list of the pupils and the age of each attending the school, and 
the number of days each pupil is present, and to furnish the director 
with a correct copy of the same at the close of the school." The court 

1 Wells v. People, 71 111., 532; Stevenson i\ School Directors, 87 111., 255; School 
Directors v. Jennings, 10 111. App., 643. 

2 Putnam v. Town of Irvingtou, 69 Ind., 80 ; Butler v. Haines, 79 Ind., 575. 

3 Ryan v. School District 13, 27 Minn., 433. See Blondon v. Moses, 29 Hun (N. Y.), 
C06. 

4 School District 2 of Oxford v. Diluiau, 22 Ohio St., 194. 
5 Scott v. School District 2 of Fairfax, 46 Vt., 452. 
6 McKiimey r. School District 45 of Dakota Co., 20 Minn., 72. 
7 Wells v. People, 71 111., 532. 

224 



EECENT SCEPOOL LAW DECISIONS. 67 

thought that it could not be doubted these requirements, though not 
mentioned in his contract, imposed upon the teacher of every public dis- 
trict school the duty of compliance with them, and that they become a 
part of a teacher's contract, whether inserted in it or not. 1 The con- 
tract of a teacher is for his own personal services. 2 The nature and 
quality of those services were admirably described by Judge Worden 
in an Indiana case. In giving the opinion of the court, he said: 3 "A 
teacher doubtless, like a lawyer, surgeon, or physician, when he under- 
takes an employment, impliedly agrees that he will bestow upon the 
service a reasonable degree of learning, skill, and care. When he accepts 
an employment as teacher in any given school, he agrees by implication 
that he has the learning necessary to enable him to teach the branches 
that are to be taught therein, as well as that he has the capacity in a 
reasonable degree of imparting that learning to others. He agrees, 
also, that he will exercise a reasonable degree of care and diligence in 
the advancement of his pupils in their studies, in preserving harmony, 
order, ad discipline in the school, and that he will himself conform as 
near as may be to such reasonable rules and regulations as may be es- 
tablished by competent authority for the government of the school. He 
also agrees, as we think, by a necessary implication, that while he con- 
tinues in such employment his moral conduct shall be in all respects 
exemplary and beyond just reproach." 

The hiring of a substitute by a teacher under any ordinary circum- 
stances is a breach of contract, though the competency of the substi- 
tute is unquestioned. 4 A teacher may not ordinarily absent himself by 
leave of individual members of a school board. 5 

51. Same. A teacher's contract is oftentimes binding upon a dis- 
trict though it is irregular in some respect, as when it was made with 
part of a board 6 or was verbally made with a subcommittee instructed 
by the board to employ a teacher. 7 The law implies a contract from 
the doing and accepting of work, and a district cannot, on the ground 
that he has not complied with the law requiring a written contract, 8 have 
the benefit of a teacher's services without remunerating him. Where 
there is a written contract it cannot be orally contradicted. 9 A con- 
tract with a township board to teach in a subdtetrict over which a lower 
court has decided that the board has control, is not invalidated by the 

1 Everett v. School District 2 of Cannon, 30 Mich., 249, 252. 

2 School Directors v . Hudson, 88 111., 563. 

3 City of Crawfordsville v. Hays, 42 Ind., 209, 210. 
* School Directors v. Hudson, 88 111., 563. 

5 State v. Leonard, 3 Tenn. Chan., 177. 
6 Adkins v. Mitchell, 67 111., 511. 

7 Wilson v. Board of Education, 63 Mo., 167. 

8 Jones v. School District 47 of Neosho County, 8 Kane., 362; Monaghan v. School 
District, 38 Wis., 100. 

9 Maun i'. Independent School District of Le Grand, 52 Iowa, 130. 

225 



68 CIRCULARS OF INFORMATION FOR 1883. 

reversal of that decision by the supreme court. 1 Contracts with dc 
facto officers are binding upon the body they represent ; 2 but contracts 
entered into with a number of persons acting as a board are not bind- 
ing upon the school district when there is in existence at the same time 
another acting board who are so de jure and who have notified the per- 
sons contracting with the other board not to carry out their contracts. 
Which of the boards is such of right is a question for the courts to de- 
cide. 3 The part performance of an oral contract, in a case where the 
law requires a written one, is a ratification of it and renders a district 
liable for any breach of it. 4 There is no contract, express or implied, 
between a teacher and a pupil, and, in the absence of trespass, the lat- 
ter cannot sue the former for refusing to hear his recitations. The 
teacher's contract is with the directors alone. 5 A minor who possesses 
the essential qualifications in regard to moral character, learning, and 
ability, and who has obtained the requisite certificate, may, with the 
assent of his parents, enter into a valid contract to teach school. A 
father is charged with certain duties as respects his child, as education, 
support; and protection, and, as some compensation for these duties, he 
has a right to claim the earnings of his child in the absence of proof of 
relinquishment. 6 

52. Recovery of wages. When impossible. A teacher cannot recover 
for services rendered after the appropriation out of which payment of 
them must be made is exhausted when the law of the place " is clear 
that no contract or debt can be created without the authority of the 

1 HaU & Julius v. District Township of Pleasant Valley, 41 Iowa, 494. 

3 School District 25 of Hall County ?. Cowee, 9 Nebr., 53 j Woodbury v. Knox, 74 Me. , 
462; Burditt v. Barry, 6 Hun (N. Y.), 657. "The doctrine is everywhere declared 
that the acts of de facto officers, as distinguished from the acts of mere usurpers, are 
valid." 1 Dillon's Municipal Corporations, 276. 

3 Genesee Township'v. McDonald, 98 Pa. St., 444. 

4 Cook v. Independent School District of North McGregor, 40 Iowa, 444. A dissent- 
ing opinion by Beck, J., held that a verbal contract, being unauthorized by law, was 
a nullity and could not be made of effect by subsequent ratification. 

6 Stuckey v. Churchman, 2 111. App., 584. 

6 Monagiian v. School District 1 of Randall, 38 Wis., 100. The following notes will 
be of value in connection with this decision : 

(1) "In general, when a contract is not manifestly for the benefit of an infant, he 
may avoid it as well in equity as at law, and when it can never be for his benefit it 
is utterly void." Schouler's Domestic Relations, $ 401. 

(2) "All other things being equal, the father is actually entitled to the value of his 
child's labor and services until the latter becomes of age." Ibid, $ 252. 

(3) "The parent may emancipate his child, and this may be done by refusing him 
support, or denying him a home, or compelling him to labor abroad for his own liv- 
ing." Taylor on Infancy and Coverture, p. 200. 

(4) "And if the parent authorize a third person to employ and pay the child, pay- 
ment to the child and not to the parent will be a sufficient discharge. Such an agree- 
ment may be in express terms or it may be implied from circumstances." Schouler's 
Domestic Relations, 252 a. 

226 



RECENT SCHOOL LAW DECISIONS. 69 

councils and an appropriation to meet it." l Wages cannot be recovered 
on a void contract. In Iowa a contract must be approved by the presi- 
dent of the school Ijpard ; and where he refused to do so a teacher was 
not allowed to recover although she proceeded to teach under control 
of the subdirector hiring her and completed her term of instruction. 2 
If a teacher is discharged on the ground of incompetency he must use 
all proper means for his vindication and reinstatement before the courts 
will entertain a suit for the recovery of wages. 3 Then the question of 
competency will be one for the jury. 4 Of course he cannot recover if 
found incompetent; for, " if a teacher, although he has been employed 
for a definite length of time, proves to be incompetent and unable to 
teach the branches of instruction he has been employed to teach, either 
from a lack of learning or from an utter want of capacity to impart his 
learning to others, or if in any other respect he fails to perform the obli- 
gations resting upon him as such teacher, whether arising from the ex- 
press terms of his contract or by necessary implication, he has broken the 
agreement on his part/' 5 For teaching done in defiance of a decision of 
removal no right whatever accrues to compensation out of the public 
fund. 6 In a Mississippi case a teacher recovered wages for services 
rendered after the revocation of his license by the county superintendent 
in opposition to the wishes of the contracting board of trustees, the court 
saying that " after the vacation of the certificate the relator was not 
competent to make a new engagement to teach, but could continue to 
execute an existing contract, unless the local trustees cooperated with 
the superintendent to vacate the contract." 7 

53. Same. The failure to make required reports destroys the right 
to recover wages, and a statute requiring teachers to make specified 
entries in a register applies to a principal of a number of schools, al- 
though he has done no actual teaching. 8 If the omission of entries 
is through no fault of the teacher, it will not prevent the recovery of 
wages. This rule was stated as follows in a case in which a teacher 
did not complete her school and made none of the entries required by 

1 Perrott v. Philadelphia, 83 Pa. St., 479. 

2 Place v. District Township of Colfax, 56 Iowa, 573. Adams, C. J., dissented on the 
grounds that it was the ministerial duty of the president of the board to approve the 
contract and that the district, by receiving the teacher's services, became liable for 
her wages. 

3 Kirkpatrick v. Independent School District of Liberty, 53 Iowa, 585 ; Pierce v. Beck, 
61 Ga., 413. 

4 McCutcheon v. Windsor, 55 Mo., 149; Ewing v. School Directors, 2 111. App., 458. 

5 City of Crawfordsville v. Hays, 42 Ind., 210. See 24, ante. 

6 Pierce v. Beck, 61 Ga., 413. 

'Jamison v. Senter, 56 Miss., 194. This decision was under a law providing that a 
county superintendent alone might revoke a license but could annul a contract only 
with the concurrence of the trustees. 

8 School Commissioners of Alleghany Co. r. Adams, 43 Md., 349. 

227 



70 CIRCULARS OF INFORMATION FOR 1883. 

statute to be made at the close of a school: 1 "The close of school there 
meant must be the close of the term of school ; ' for the answers to the 
inquiries required to be entered relate to the whole^erin, and could not 
be answered till the close of it. If the school stopped before the close 
of the term through the fault of the teacher, then the plaintiff would 
not be entitled to recover, whether she made the necessary entries in the 
register or not ; but if the prudential committee, by his own conduct, 
without her fault, prevented the close of the term being reached by her, 
so she could make the entries, then the want of them would not prevent 
the recovery of the wages." 

54. Same. When possible. A teacher can recover wages for services 
rendered while he holds a certificate irregularly given. The certificate 
is in the nature of a commission, and cannot be attacked collaterally, 
though it does not correspond to the form in which the statute says it 
may be drawn and was given without an examination of the candidate. 2 

In a Nebraska case a teacher was without a certificate three months 
during a term of nine months and recovered wages. "It is true," 
said the court, " that the statute prohibits the school board from pay- 
ing from the school fund any but qualified teachers and makes a certi- 
ficate or diploma, issued in the manner directed, the only evidence of 
such qualification. The prohibition of the statute is, however, upon 
the district board and not upon the teacher." 3 

If a teacher lawfully employed is dismissed without just cause, he 
may recover wages for the whole time for which he was employed. The 
court in Wisconsin laid down the rule as follows: "Unless the dis- 
charge of the teacher be justified by proof of the fact that he is not 
properly performing his contract on his part, the district becomes liable 
to the teacher for such damages as he may sustain by such discharge in 
the loss of wages for the residue of his term." 4 Where a teacher was 
kept from rendering services by the burning of the school-house, but was 
ready to teach whenever a place should be provided and filled out her 
register at the end of the time specified, it was held that full wages 
could be recovered. 5 

1 Scott v. School District 2 of Fairfax, 46 Vt., 452, 457. Under an indictment charg- 
ing a school teacher with perjury in swearing to his monthly report to the county 
superintendent, which represented that certain named pupils each attended school a 
certain number of days, whereas none attended as stated, he can be convicted on 
evidence that one did not attend. Page v. State, 59 Miss., 474. 

* School District v. Sterricker, 86 111., 595. In Missouri the forging of a teacher's 
certificate is a penal offence. State v. Grant, 74 Mo., 33. 

3 School District v. Estes, 13 Nebr., 52. 

4 Scott v. Joint School District, 51 Wis., 554, 557. A teacher can only recover as 
damages the difference between the stipulated wages and what he earned, or might 
have earned, at a similar employment in his own vicinity during the time covered 
by his contract. See 2 Greenleaf on Evidence, $ 161 a ; 2 Chitty on Contracts, llth 
Am. ed., p. 855, note. 

6 Cashen v. School District 12 of Berlin, 50 Vt., 30. 
228 




RECENT SCHOOL LAW DECISIONS. 71 

55. Same. A teacher can recover wages for time included in legal 
holidays. Chief Justice Campbell, of Michigan, said in a recent 
case: 1 "In regard to deductions for holidays we are of opinion that 
school management should always conform to those decent usages which 
. recognize the propriety of omitting to hold public exercises on recog- 
nized holidays, and that it is not lawful to impose forfeitures or deduc- 
tions for such proper suspension of labor. Schools should conform to 
what may fairly be expected of all institutions in civilized communities. 
All contracts for teaching during periods mentioned must be construed 
of necessity as subject to such days of vacation, and public policy as 
well as usage requires that there should be no penalty laid on such ob- 
servances/ If a teacher is employed for a definite time, and during 
the period of his employment the district officers close the schools on 
account of the prevalence of contagious disease, and keep them closed 
for a time, the teacher continuing ready to perform his contract, he 
is entitled to full wages during such period. 2 Wages have been recov- 
ered by a teacher who stipulated in the contract of employment that 
she would not instruct certain children in the district, 3 and by a teacher 
who was obliged to give up her school because the committee insisted on 
her allowing a disobedient and unmanageable boy to attend. 4 The 
court said : " The teacher could not perform the duties of her employ- 
ment without maintaining proper and necessary discipline in the school, 
and when all her oth'er means for doing so failed in respect to the boy 
it was her right, and might be her duty, to expel him, to save the rest 
of the school from being injured by his presence. It was not the duty 
of the teacher, under the contract, to teach the school without maintain- 
ing proper and necessary discipline in it ; and if the committee insisted 
that she should have the boy there, when she could not have him there 
and have the discipline too, it was equivalent to insisting that she should 
teach the school without the discipline, which she was not bound to 
do." 

56. Dismissal. If a teacher in a public school, although employed for 
a definite time, fails to perform the obligations resting upon him, he has 
broken the agreement on his part, and the trustees are clearly author- 
ized to dismiss him from such employment. 5 When the school law em- 
powers a city board of education to employ .teachers and remove them at 
pleasure, the provision enters into and forms a part of the contract with 
a teacher for his services for a specified period; he may be discharged 
before its expiration, notwithstanding the terms of his employment. 6 
But where the power of discharge is limited it ought not to be exercised 

1 School District 4 of Marathon v. Gage, 39 Mich.,, 480. 
8 Dewey v. Union District of Alpena, 43 Mich., 480. 

3 State v. Blain, 36 Ohio St., 429. Johnson, J., dissented. 

4 Scott v. School District 2 of Fairfax, 46 Vt.,452; contra, Parker r. School District, 
5 Lea (Term.), 525. 

'City of Crawfordsville v. Hays, 42Ind.,200; Bays v. State, 6 Nebr., 167. 
6 Jones v. Nebraska City, 1 Nebr., 176. See 24, ante. 

229 



72 CIRCULARS OF INFORMATION FOR 1883. 

until notice has been given the teacher and proper testimony heard 
against him. l If, at a hearing, he does not object to the sufficiency of 
the notice, he will not be allowed to do so afterward. 2 It has been held, 
generally, that the power to discharge teachers could not be enlarged 
by stipulations introduced into the contract of hiring. 3 A school board 
in Wisconsin included in such a contract the clause " We reserve the 
right to close the school at any time if not satisfactory to us." The 
court, in commenting on it, said: 4 "We think the good order and use- 
fulness of the schools would be greatly prejudiced by holding that the 
boards had such power. If the power claimed for the board in this case 
exists and may be enforced, then the public schools must be taught to 
suit the whims, caprices, and peculiar notions of the hiring board, and 
not as the teacher, in the conscientious discharge of his duty, should 
(each the same." 

57. Same. In New York the State superintendent has general super- 
vision and direction of the normal schools, and it is one of his discretion- 
ary duties to approve the hiring of teachers for them. It has been decided 
that these powers do not authorize him to qualify his approval with the 
words " To continue in force during the pleasure of the board and the 
superintendent;" for "it is not within the power of the superintendent, 
by annexing conditions to his approval of the employment, to change 
the law regulating the discharge of the teachers of these schools." 5 

In Kansas a school district board employed a school teacher, and the 
contract of employment contained, among others, a stipulation that, if 
by the inability or neglect of the said A (the teacher) the interests of 
the school shall suffer, the district board shall have full power to 
annul this contract after one month's written notice! The court, the 
chief justice dissenting, held that the stipulation was valid, notwith- 
standing a clause in the school law providing that the district board in 
conjunction with the county superintendent may dismiss a teacher for 
incompetency, cruelty, negligence, or immorality, and that under the 
contract the school district board might alone, without any formal trial, 
and not in conjunction with the county superintendent, dismiss the 
teacher for incompetence and negligence from which the interests of the 
school suffer. " The object of the statutes," says the court, 6 " was sim- 
ply to provide that the school district should not so bind itself by con- 
tract that a school teacher could not be discharged at any time by the 
school board acting in conjunction with the county superintendent, for 



v. Power, 5 Lea (Term.), 691. See $ 19, ante. 
2 Woodbuiy v. Knox, 74 Me. , 462. 

3 Tripp r. School District, 50 Wis., 651; People v. Hyde, 89 N. Y. App., 11; Arm- 
strong v. School District, 28 Kans., 345, Horton, C. J., dissenting. 
4 Tripp r. School District, 50 Wis., 651. 

5 People ex rel. Gilmour v. Hyde et al, 89 N. Y. App., 11. 

6 Armstrong v. School District, 28 Kans., 345; following School District v. Colvin, 
10 Kans., 283. 

230 



RECENT SCHOOL LAW DECISIONS. 73 

incompetency, cruelty, negligence, or immorality ; and it was not in- 
tended to prohibit the school board from making other provisions for 
the discharge of an incompetent, cruel, negligent, or immoral teacher." 
58. Complaints against candidates for teachers' positions. A communi- 
cation made by persons interested in a particular school to the superin- 
tendent having jurisdiction over it for the sole purpose of preventing 
him from issuing a license to teach the school to a particular individual 
on the ground that he was of bad moral character and wholly unfit to 
teach and have the care of a district school, is a privileged communica- 
tion, and was abundantly justified by proof that he was an habitual blas- 
phemer and profane person and an open violator of the Sabbath. 1 The 
court said : 2 " We do not think any superintendent would need vindica- 
tion for being dissatisfied with the moral character of a teacher who has 
the faults complained of by these parties who opposed the licensing of 
plaintiff. A superintendent who should subject young children to such 
influences would be very censurable." The right to remonstrate must 
not be made the means of gratifying malice and enmity, and inquiry 
may be made as to the motives and private purposes of petitioners. 3 

CHAPTER VIII. ADMINISTRATION. 

59. Rules and regulations, Every student upon his admission into 
an institution of learning impliedly or expressly promises to submit to 
and be governed by all the necessary and proper rules and regulations 
which have been or thereafter may be adopted for the government of the 
institution. 4 Rules for the good conduct of a school are not invalidated 
because the board making them (though it must record votes, orders, 
and proceedings) does not adopt them formally and record them. 5 
Courts will interfere to prevent the enforcement by a school board of 
any rule which manifestly reaches beyond their sphere of action, and 
relates to subjects in nowise connected with the management or success- 
ful operation of the school, or which is plainly calculated to retard the 
leading objects of legislation on educational aftairs; 8 or, as another 
court expressed it, which is found to be unauthorized, against common 
right, or palpably unreasonable. 7 

60. Regulations respecting studies. Under the power to prescribe 
necessary rules and regulations for the management and government of 
schools, directors (or trustees) may require of pupils prompt attendance, 
diligence in study, proper deportment, and classification with respect to 

1 Wieman v. Mabee, 45 Mich., 484. 
8 Ibid., p. 486. 

3 Van Arsdale v. Laverty, 69 Pa. St., 103. 

4 State ex rel. Stallard v. White et al., 82 Ind., 286 ; 8. c., 42 Ain. Rep., 496. 
6 Russell v. Lynnfield, 116 Mass., 365. 

6 King v. Jefferson City School Board, 71 Mo., 628 j s. C., 36 Am. Rep., 499. 
'State v. White, 82 Ind., 286; s. c., 42 Am. Rep., 496. 

231 



74 CIRCULARS OF INFORMATION FOR 1883. 

the branches of study they are respectively pursuing, and with respect 
to proficiency or degree of advancement in those branches. 1 The fol- 
lowing quotation is from an exposition of this doctrine in an Illinois 
case : 2 u ln the performance of their duty in carrying the law into effect 
the directors may prescribe proper rules and regulations for the govern- 
ment of the schools of their district and enforce them. They may, no 
doubt, classify the scholars, regulate their studies and their deportment, 
the hours to be taught, besides the performance of other duties neces- 
sary to promote the success and secure the well being of such schools. 
But all such rules and regulations must be reasonable and calculated 
to promote the objects of the law : the conferring of such an education 
[one which includes the branches required by law] upon all, free of 
charge. The law having conferred upon each child of proper age the 
right to be taught the enumerated branches, any rule or regulation 
which, by its enforcement, would tend to hinder or deprive the child of 
this right cannot be sustained." In Ohio it has been decided that 
authority to make and enforce all necessary rules and regulations for 
schools, and to determine " the various studies and parts of studies " in 
which instruction shall be given in the departments of the schools, in- 
cluded the power in a board of education to adopt a rule that if any pupil, 
unless excused, should fail to be prepared with a rhetorical exercise at 
the time appointed he should be immediately suspended. 3 

Gl. Regulations respecting attendance. Eegulations discriminating 
against the attendance of a certain class of inhabitants entitled to the 
privileges of the schools are unauthorized and cannot be sustained. 4 
Rules requiring regularity of attendance are reasonable. Suspension 
for six half-days' absence in four consecutive weeks has been upheld' in 
Missouri; 5 for six half days' absence and two instances of tardiness in 
the same time, in Iowa; 6 and for a single day's unexcused absence to 
attend a religious service, in Yermont. 7 Judge Beck, in giving the 
opinion of the court in Iowa, said : 8 " It requires but little experience in the 
instruction of children and youth to convince any one that the only means 
which will assure progress in their studies is to secure their attendance, 
the application of the powers of their minds to the studies in which 
they are instructed. Unless the pupil's mind is open to receive instruc- 

1 Trustees of Schools v. People, 87 111., 303 ; 8. c., 29 Am. Rep., 55. In Illinois, town- 
ship high school trustees and district directors have power to adopt and enforce all 
necessary rules and regulations for the management and government of the schools; 
to direct what branches of study shall be taught, &c. Rev. Stat. 1880, p. 1377. 

3 Rulison v. Post, 79 111., 567, 570. This case and the preceding one decided that a 
rule compelling a pupil to pursue a study against the will of his father was not rea- 
sonable. See 35, ante. 

3 Sewell v. Board of Education of Defiance, 29 Ohio St., 89. 

State v. White, 82 Ind., 278 ; s. c., 42 Am. Rep., 496. See $ 34, ante. 

5 King v. Jefferson City School Board, 71 Mo., 628; s. c., 36 Am. Rep., 499. 

6 Burdick v. Babcock, 31 Iowa, 562, Miller, J., dissenting. 

7 Ferriter v. Tyler, 48 Vt., 444 ; s. c.,21 Am. Rep., 133. 

8 Burdick v. Babcock, 31 Iowa, 566. 

232 



RECENT SCHOOL LAW DECISIONS. 75 

tion, vain will be the effort of the teacher to lead him forward in learn- 
ing. This application of the mind in children is secured by interesting 
them in their studies. But this cannot be done if they are at school one 
day and at home the next, if a recitation is omitted or a lesson left un- 
learned at the whim or convenience of parents. In order to interest a 
child he must be able to understand the subject in which he is instructed. 
If he has failed to prepare previous lessons he will not understand the 
one which the teacher explains to him. If he is required to do double 
duty, and prepare a previous lesson, omitted in order to make a visit 
or do an errand at home, with the lesson of the day, he will fail to 
master them and become discouraged. The inevitable consequence is 
that his interest flags and he is unable to apply the powers of his mind 
to the studies before him. The rule requiring constant and prompt at- 
tendance is for the good of the pupil and to secure the very objects the 
law had in view in establishing public schools. It is therefore reason- 
able and proper. 

" In another view it is required by the best interests of all the pupils of 
the school. Irregular attendance of pupils not only retards their own 
progress, but interferes with the progress of those pupils who may be 
regular and prompt. The whole class may be annoyed and hindered 
by the imperfect recitations of one who has failed to prepare his lessons 
on account of absence. The class must endure and suffer the blunders, 
promptings, and reproofs of the irregular pupil, all resulting from fail- 
ure to prepare lessons which should have been studied when the child's 
time was occupied by direction of the parent in work or visiting. 

" Tardiness, that is, arriving late, is a direct injury to the whole school. 
The confusion of hurrying to seats, gathering together of books, &c., 
by tardy ones, at a time when all should be at study, cannot fail to 
greatly impede the progress of those who are regular and prompt in 
attendance. The rule requiring prompt and regular attendance is 
demanded for the good of the whole school." 

In the Vermont decision it was said that in case of casual sickness of 
the scholar; of sickness or death in the family of the scholar; of some 
impediment, like fire or flood; and in case of various incidents of cur- 
rent life, giving occasion for temporary detention, the enforcement of 
the penalty of exclusion for unexcused absence would be adjudged to be 
unauthorized. 1 

62. Same. A rule which excludes from school a pup.il for failure to 
pay for injuries accidentally done the school-house is not authorized by 
a clause permitting suspension of a pupil for a breach of discipline or 
an offence against good order. The court said : 2 " The State does not de- 
prive its citizens of their property, or their liberty, or any of their rights 
except as a punishment for a crime. It would be very harsh and obvi- 

1 Ferriter v. Tyler, 48 Vt., 444, 477; s. c., 21 Am. Rep., 133. 

8 Perkins v. Directors of Independent School District of West Des Moines, 56 Iowa, 
476, 479. 

233 



76 CIRCULARS OF INFORMATION FOR 1883. 

ously unjust to deprive a child of education for the reason that through 
accident and without intention of wrong he destroyed property of the 
school district. Doubtless a child may be expelled from school as a 
punishment for breach of discipline or for offences against good morals, 
but not for innocent acts." A rule that would bar the doors of a school- 
house against little children, who come a great distance in cold, winter 
weather, for no other reason than that they are a few minutes tardy, is 
unreasonable and therefore unlawful. 1 

63. Suspension of pupils in the absence of rules. The law governing the 
suspension of pupils by a teacher in cases where no rule requiring it ex- 
ists has been clearly stated recently in Wisconsin in an opinion by Judge 
Lyou, from which the following extended quotation is taken : 2 " While 
the principal or teacher in charge of a public school is subordinate to 
the school board or board of education of his district or city, and must 
enforce rules and regulations adopted by the board for the government 
of the school, and execute all its lawful orders in that behalf, he does 
not derive all his power and authority in the school and over his pupils 
from the affirmative action of the board. He stands for the time being 
in loco parentis to his pupils, and, because of that relation, he must nec- 
essarily exercise authority over them in many things concerning which 
the board may have remained silent. In the school, as in the family, 
there exist on the part of the pupils the obligations of obedience to law- 
ful commands, subordination, civil deportment, respect for the rights of 
other pupils, and fidelity to duty. These obligations are inherent in 
any proper school system, and constitute, so to speak, the common law 
of the school. Every pupil is presumed to know this law, and is Subject 
to it whether it has or has not been reenacted by the district board in 
the form of written rules and regulations. Indeed, it would seem im- 
possible to frame rules which would cover all cases of insubordination 
and all acts of vicious tendency which the teacher is liable to encounter 
daily and hourly. 

"The teacher is responsible for the discipline of his school and for the 
progress, conduct, and deportment of his pupils. It is his imperative 
duty to maintain good order and to require of his pupils a faithful per- 
formance of their duties. If he fails in this he is unfit for his position. 
To enable him to discharge these duties effectually he must necessarily 
have the power to enforce prompt obedience to his lawful commands. 
For this reason the law gives him the power, in proper cases, to inflict 
corporal punishment upon refractory pupils. But there are cases of 
misconduct tor which such punishment is an inadequate remedy. If 
the offender is incorrigible, suspension or expulsion is the only adequate 
remedy. In general, no doubt, the teacher should report a case of that 
kind to the proper board for its action in the first instance, if no delay 

1 Thompson v. Beaver, 63 111., 353, 357. 

2 State v. Burton, 45 Wis. , 150, 155 ; s. c. , 30 Am. Rep. , 706. See, also, Parker v. School 
District, 5 Lea (Tenn. ), 528. 

234 



RECENT SCHOOL LAW DECISIONS. 77 

will necessarily result from that course prejudicial to the best interests 
of the school. But the conduct of the recusant pupil may be such that 
his presence in the school for a day or an hour may be disastrous to the 
discipline of the school and even to the morals of the other pupils. In 
such a case it seems absolutely essential to the welfare of the school that 
the teacher should have the power to suspend the offender at once from 
the privileges of the school; and he must necessarily decide for himself 
whether the case requires that remedy." 

64. Same. Persons having the general charge and superintendence 
of public schools have power to exclude a child for sufficient cause, as, 
for example, that his conduct, not in violation of prescribed rules, tended 
to injure the discipline and impair the usefulness of the school. 1 The 
view that acts, to be within the authority of the school board and teach- 
ers for discipline and correction, must be done within school hours is 
narrow and without regard to the spirit of the law and the best interest 
of common schools. 2 But the publication of an article ridiculing school 
officers and tending to create insubordination in a school cannot be pun- 
ished by the expulsion of the offender, when the statute only authorizes 
dismissals for gross immorality and persistent violation of school regu- 
lations. 3 If a person would recover damages for exclusion from a school 
he must first appeal to school officers who have authority to reinstate 
him, 4 if there be such, and, if the case come to trial, prove the action 
of the officers excluding him to have been wanton and malicious. 5 

65. Corporal punishment. In 'the absence of statutory enactments, 
the authorities upon the right of a teacher to inflict reasonable chas- 
tisement upon a pupil are not numerous, but they are sufficient to 
prove its existence. 6 The law is well settled that the teacher has 
the right to exact from his pupils obedience to his lawful and reason- 
able commands, and to punish disobedience, with " kindness, prudence, 
and propriety." 7 Any punishment with a rod which leaves marks 

1 Hodgkins v. Rockport, 105 Mass., 475. 

* Burdick v. Babcock, 31 Iowa, 567. See Lander v. Seaver, 32 Vt., 114 ; and $ 36, note, 
ante. 

3 Murphy v. Board of Directors of Independent District of Marengo, 30 Iowa, 429. 

4 Davis v. Boston, 133 Mass., 103. 

'McCormick v. Burt, 95 111., 263; s. c., 35 Am. Rep., 163. 

6 State ??. Mizner, 45 Iowa, 248. 

7 Danenhoffer v. State, 69 Ind., 295 ; 8. c., 35 Am. Rep., 216. In the case of Lander 
v. Seaver, 32 Vt., 114, it was decided that a schoolmaster is not relieved from liability 
in damages for the punishment of a scholar which is clearly excessive and unneces- 
sary by the fact that he acted in good faith and without malice, honestly thinking 
that the punishment was necessary, both for the discipline of the school and the wel- 
fare of the scholar. In Commonwealth v. Seed, 5 Pa. L. Jour. Rep., 78, Judge Par- 
son said : " The law does not permit a court to invade the sanctuary of the domestic 
circle and usurp the parental authority in every family because we may think the 
punishment is severe. It is only when from the surrounding circumstances of the 
case there is strong reason to believe that the parent has been actuated by bad and 
malevolent motives, using his legal parental authority for the gratification of a mind 

235 



78 CIRCULARS OF INFORMATION FOR 1883. 

and welts on the person of the pupil for two months afterward, or 
much less time, is immoderate and excessive. 1 Proof that the pun- 
ishment was for an insufficient cause or in an unreasonable manner will 
be received to rebut the presumption to the contrary. In no case can 
the punishment be justifiable unless it is inflicted for some definite 
offence which the pupil has committed and the pupil is given to under- 
stand why he is punished. " Punishment inflicted when the reason of 
it is unknown to the punished is subversive, and not promotive, of the 
true objects of punishment." It must not be inflicted for obedience to 
the lawful directions of a parent. 2 The authority to chastise extends 
to a pupil who has attained his majority j for by voluntarily attending 
school he waives any privilege and submits himself to like discipline 
with those that are within school age. 3 A member of a school commit- 
tee may eject a pupil from the school-house for insulting conduct to- 
ward him. This was decided in a Connecticut case, stated by the judge 
in his opinion, as follows : 4 " The defendant, being at the school-house 
performing certain duties connected with the school, called the atten- 
tion of the plaintiff to certain acts, not specially culpable in character, 
which he acknowledged he had committed. His bearing and manner 
were insolent and offensive, and the language in which he indulged 
was grossly profane. Such language, reprehensible at all times, should 
not have been allowed to pass with impunity from a school boy of the 
older class, within the walls of a school-house, in the presence and hear- 
ing of younger pupils. After being told to leave, he so conducted that 
it was proper to remove him, no unnecessary force being used to attain 
that object." 

bent on mischief, that the law has given the court the right to interpose for the pro- 
tection and safety of the child. Such is the rule relative to the school teacher, whom 
the parent, for the time being, has placed in his stead." See, also, Burke's Law of 
Public Schools, pp. 119-132. 

1 State v. Mizner, 50 Iowa, 145, 149 ; 8. c., 32 Am. Rep., 128. 

2 Morrow v. Wood, 35 Wis., 59; s. c., 17 Am. Rep., 471. 

3 State v. Mizner, 45 Iowa, 248, 250; s. c., 24 Am. Rep., 769. 

4 Peck v. Smith, 41 Conn., 442,446. 
266 



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INDEX. 



Absence, justifiable grounds for 

Accidents, child not to be expelled 

for 

Administration of school affairs 

Alteration of districts 

Annexation of districts, effect of, on 

property 

Apparatus, articles considered as.. 

Appeals to school officers 

Appendages "necessary" to a school- 
house 

Apportionment of funds on change 

of district 

Appropriation, new districts enti- 
tled to share of 

Appropriations, powers of legisla- 
tures to make 

Ashburu, J., on liability of school 

boards 

Assessment of school property for 

local purposes 

Assessors 

Assets, adjustment of, on division 

of districts 

include sckool-houses and sites 
Attendance, regulations respecting 
Barrett, J., on the nature of build-_ 
ing school district may erect.. *. 
Beck, J., on the limitation of ap- 
peals to school officers 

on regularity of attendance. . . . 

Bequests, district may accept 

distribution of 

Board of education, trustees, or 

directors, organization of 

membership in 

requisites to valid action by. .. 

corporate nature of. 

liabilities of 

cannot change the law of dis- 
charge of teachers 

Bond, nature of treasurer's 

Bonds, power to issue 

vitiated by irregularities in pro- 
ceedings to issue 



Page. 
75 

75-76 

73-78 
27 

31-32 

46 

47-49 

46 
42 
27 

24 
56 

39 
59 

32 
44 

74-76 

28 

49 
74 
29 
42 

49 
50 

50-52 
56 

55-57 

72 
59 
30 

31 



Page. 
Campbell, J., on presumptions of 

district organization 26 

on effect of meanness to teachers 58 
on payment of wages through 

holidays 71 

Care of school-house 53 

Cases, table of 7-20 

Certificate, teacher must obtain. .. 66 
Claims must be presented to school 

officer 32 

overdue, may be paid . 25 

Collection of taxes 35, 60 

Collector 60 

Colleges, what property of, exempt 

from taxation 36, 37 

Colored schools 61-64 

Colt, J., on transfer of property by 

modification of school system 23 

Commissioner of Education, letter 

of 5 

Complaint, who may not bring 25 

Condemnation of land for school- 
house 43 

Constitutional law, questions of. .. 21-25 
Contagious disease, wages due for 

time school closed on account of 71 

Contracts embody existing laws. .24, 66-67 

of school board, how long valid 52-53 

respecting school -house 54 

of teachers 66-68 

implied 67 

Controversies, wisdom of settlement 

of, by school authorities 48 

Cooley, J., on the maintenance of 

high schools 1 61 

Corporal punishment 77, 78 

Corporations, power of legislature 

over public educational 23 

liabilities of quasi 33, 56 

County superintendents 49 

Courts will not control the exercise 

of discretionary power 22, 27 

Dalrimple, J., on district liability. 32 
Damages for breach of contract of 
hiring 70 

237 



80 



CIRCULARS OF INFORMATION FOR 1883. 



Page. 
Davis, J., oil judicial action of 

school trustees 47 

Debts for building purposes 30, 54 

effect of change of district on . . 31-32 
Directors. See Board of education, 
&c. 

Discipline .' 77-78 

Dismissal of teachers 71 

Duties of teachers 67, 76 

Districts (independent), power of 

legislature to create 21 

Districts, various kinds of, may ex- 
ist in a uniform school system. .. 22 

power of legislature over 23 

organization of 26 

organization of, cannot be col- 
laterally attacked 26 

alteration of 27 

powers of 28 

effect of alteration of, on prop- 
erty and debts 31-32 

liabilities of 31-34 

nature of corporate powers of. 33 

power of, to tax 34-35 

liability f, for wages of teacher 70-71 

Eaton, John, letter of 5 

Education, propriety of using mu- 
nicipal funds for 45 

Equality of school privileges re- 
quired 62 

Errors of judgment, school officers 

not liable for 56 

Exemption of school property from 

taxation 36-40 

Folger, J., on negligence of school 

board 57 

Funds, school, must not be diverted 

from school purposes 25, 41 

the State the owner of 41 

apportionment of, on change of 

district 42 

use of municipal, for education . 45 
duty of treasurer respecting . . . 58 

Furniture of school-houses 46 

Garnishment, district not subject to 28 
German, study of, in public schools. 64 
Hall may be built for school pur- 
poses 28 

Hearing, form of conducting 47 

teacher entitled to, before dis- 
missal 72 

High schools, right of districts to 

establish 22, 61 

Holidays, wages recoverable for 71 

238 



Hunt, Mr. Justice, on contracts 

"subject to law" 

Incompetency of teacher prevents 

recovery of wages 

Independent district. See Districts 

(independent). 
Industrial schools, commitment to. 

Infancy, effect of, on contracts 

Injuries, liability of district for... 

Insurance of school-houses 

Irregularities in organizing district. 

in meetings and elections 

in action of school boards 

in teacher's contract 

Krekel, J., on -establishment of nor- 
mal schools 

Land conveyed for school purposes 

must be so used 

condemnation of, for school- 
house site 

for school purposes should not 
be conveyed with defeating 

conditions 

Lawsuits, effects of 

Legislatures, powers of 

Liabilities of districts 

of school officers 

of treasurer 

License fees not taxes 

License necessary to valid contract 

by teacher 

Lightning rods 

Local assessment of school property . 

Local legislation, evils of 

Lyon, J., on school government 

Meetings, school district 

rules about calling 'special 

of school board 

Miller, Mr. Justice, on the exemp- 
tion from taxation of land used 

for school purposes 

Minors, contracts of, to teach 

Moneys. (See Funds.) 
Moral character, complaints of, to 
proper officer, privileged com- 
munications 

Negligence, liability of school 

board for 

Normal schools may be established, 

when 

duty of State to provide for 

Notes, district may make promis- 
sory 

Notice of district meeting 



Page. 
24 
CO 



22-23 

68 

33-34 
46 
26 
31 
52 
67 



42 
43 



44 
48 

21-25 
31-34 
55-57 
58,59 
25 

66 
46 
39 
21 
76 
30 

30, n 
51 



36 

68 



73 
56-57 

22: 

'25 

29 
31 



RECENT SCHOOL LAW DECISIONS. 



81 



Page. 
Officers, school, must not contract 

with themselves 54-55 

quasi-judicial powers of 46-48 

liabilities of 55-57 

removal of ; 57 

Officers de facto, contracts of 68 

Orders, qualities of school 29 

Organization of school districts 26 

presumed after continued exist- 
ence 26 

Organization of school board 49 

Parents, nature of their authority. 23 

rights of, to children 23 

right of, to determine a child's 

studies '. 64-65 

Powers of school boards 52-54 

Promissory note, district may m ake . 29 

Property, school 41-47 

distribution of, on change of 

district 27 

Public schools, definitions of 41,60 

Pupils, home conduct of 55, w, 77 

regulations respecting 73-76 

Railroads, school districts cannot 

aid 24 

Rapallo, J., on the support of normal 

schools 25 

Record of clerk best evidence of 

proceedings 31 

Reform schools 22 

Regulations must be reasonable.. . 73 

respecting studies 73-74 

respecting attendance 74-76 

Removal from office 57 

Repair of school-houses 47, 53-55 

Reports, teacher must make, as 

prescribed 69 

Rothrock, J., on appeals to school 

authorities 49 

Rules and regulations 73-76 

Ryan, C. J., on reform schools 22 

School-houses, the erection of.. 28,42-44 

use of 44-46 

powers of board to build aud re- 
pair 53-54 

negligence, in care of 57 

School meetings, boards, officers, 
&c. See Boards, meetings, offi- 
cers, &c. 

Schools and studies 60-65 

Schools may be maintained longer 
than the State constitution re- 
quires 22 

6 5032 



Page. 
Scott, C. J., on what constitutes 

use " with a view to profit" 38 

Sites for school-houses, condemna- 
tion of 43 

Special meetings, rules about calling 30, n 
State, the owner of public school 

funds 41 

Students, implied promise of, re- 
specting conduct 73 

Studies 64-65 

regulations respecting 73-74 

Substitute may not be employed . . 67 
Sunday school, use of public school- 
house for 45 

Superintendent, county 49 

Superintendent, State, may be given 

quasi-judicial powers 22 

Superintendent of schools, power of 

board to appoint 52 

Sureties, liability of 60 

Suspension of pupils in the absence 

of rules 76-77 

Tardiness, ill effects of 75 

Taxation, powers of legislatures re- 
specting 24 

by school districts 34 

purposes of ... 34 

exemptions from 36-40 

Taxes for educational purposes are 
"for the defence and benefit of 

the people" 24 

what constitutional provisions 
respecting, are self-executing. 25 

may be levied on what 34 

collection of 60 

Teachers, the selection of, a judi- 
cial act 51 

power of school boards to em- 
ploy and dismiss 52 

time for which board may em- 
ploy 52-53 

committee may not use violence 

in dispossessing 56 

contracts of 66-68 

payment for services of 68-71 

dismissal of - 71 

responsible for good discipline . 76-77 

Textbooks 65 

Town system, effects on districts of 

creating 23, 24 

effects on districts of abolishing 27 

Treasurer 58 

Trunkey, J., on district liability .. 33 
239 



CIRCULARS OF INFORMATION FOR 1883. 



Page. 

Trustees. See Board of education. 
Universities, State, power of legis- 
lature over 24 

principles appli cable to 60-61 

Use of scliool buildings 44-46 

240 



Page. 

Village, effect of incorporating 27 

Vories, J., on presumption of school 

district organization 26 

recovery of 68-71 



Worden, J., on duties of a teacher. 67 



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